SUTTON v. OHRBACH


198 A.D.2d 144 (1993)

603 N.Y.S.2d 857

Elliot Sutton, Appellant-Respondent, v. Richard Ohrbach et al., Respondents-Appellants and Third-Party Plaintiffs, et al., Third-Party Defendants

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

November 18, 1993


Plaintiff's second cause of action seeks return of monies he paid to defendants on the ground that their services constituted the practice of architecture for which they were not licensed as required by Education Law § 7302. Noting that the construction given licensure statutes such as this has been "so strict" that the absence of a license bars recovery even when there has been substantial performance, the IAS Court held that defendants "failed to substantiate a basis...

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