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VITANZA v. CITY OF NEW YORK

48 A.D.2d 41 (1975)

Cologa Vitanza et al., Doing Business as V.C. Vitanza Sons, Appellants, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 12, 1975

Attorney(s) appearing for the Case

Morris Weissberg and N. George Turchin for appellants.

Adrian P. Burke, Corporation Counsel (Martin H. Selman and L. Kevin Sheridan of counsel), for City of New York and others, respondents.

Cunningham & Kaming, P.C. (Joseph S. Kaming and Marc S. Krieg of counsel), for Association of Contracting Plumbers of the City of New York, Inc, respondent.

LATHAM, Acting P. J., COHALAN, BRENNAN and MUNDER, JJ., concur.

CHRIST, J.

We are called upon to decide whether a partnership not licensed as a plumber in the City of New York may be awarded the plumbing part of a public works contract with the city (General Municipal Law, § 103). It is our opinion that, on the facts in this case, the city was correct in refusing to enter into the plumbing contract with the plaintiffs, who now seek damages against the city.

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