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WESTCHESTER STONE, SAND AND GRAVEL, INC. v. MARCELLA

262 A.D.2d 403 (1999)

691 N.Y.S.2d 143

WESTCHESTER STONE, SAND AND GRAVEL, INC., Appellant, v. JAMES J. MARCELLA et al., Respondents, et al., Defendants.

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

Decided June 7, 1999.

Ordered that the judgment is affirmed, with costs.

The Administrative Code of the County of Westchester is applicable in this case, since by performing home improvement work on the respondents' home in Westchester County, the plaintiff was clearly "conduct[ing]" or "engag[ing]" in a home improvement business there (Administrative Code of County of Westchester § 863.313). Even assuming that the respondent James J. Marcella...

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