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MARRACCINI v. RYAN

No. 115.

17 N.Y.3d 83 (2011)

2011 NY Slip Op 4543

950 N.E.2d 135

926 N.Y.S.2d 399

ANTHONY MARRACCINI, Appellant, v. John RYAN et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided June 2, 2011.

Attorney(s) appearing for the Case

Friedman, Harfenist, Kraut & Perlstein LLP, Purchase ( Jonathan D. Kraut , Steven Jay Harfenist and Andrew C. Lang of counsel), for appellant.

Brodsky & Peck, Harrison ( Robert A. Brodsky and David J. Peck of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that a licensed home improvement contractor who enters into a contract using a name other than the one on his license is not barred from enforcing the contract unless the other party is deceived or otherwise prejudiced by the misnomer.

Plaintiff, Anthony Marraccini, filed a certificate with the Clerk of Westchester County on May 19, 1993, saying that he was transacting...

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