WORMUTH v. LOWER EASTSIDE ACTION


71 Misc.2d 314 (1972)

Gustave C. Wormuth, Respondent, v. Lower Eastside Action Project, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

March 29, 1972


Attorney(s) appearing for the Case

Lubell, Lubell, Fine & Schapp (Stephen L. Fine of counsel), for appellant. Kulak & Lerner (Barnett L. Kulak of counsel), for respondent.

Concur — MARKOWITZ, J. P., and GOLD, J.; STREIT, J., dissents in memorandum.


Per Curiam.

Given the custom described in the opposing papers and the fact that defendant knew that plaintiff, a State of Louisiana architect, did not have a New York license yet availed itself of his services as architect, defendant is not entitled to summary judgment.

Defendant waited until plaintiff's services were completed and then raised the question of the license to avoid payment. In these circumstances...

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