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POWER COOLING v. WASSONG

5 Misc.3d 22 (2004)

783 N.Y.S.2d 741

POWER COOLING, INC., Respondent, v. LINDA WASSONG et al., Appellants.

Supreme Court, Appellate Term, First Department.

July 9, 2004.

Attorney(s) appearing for the Case

Peter Klose, White Plains, for appellants.

Noel W. Hauser & Associates, New York City, for respondent.

McCOOE and GANGEL-JACOB, JJ., concur; SUAREZ, P.J., dissents in part in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order entered July 10, 2002 affirmed, with $10 costs.

The plaintiff, an unlicensed subcontractor, installed four heating and air-conditioning units in the subject apartment pursuant to a written contract and seeks to recover the contract price from the subcontractor and homeowner. The defendant homeowner (Wassong) sought summary judgment dismissal upon the ground that the...

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