PARKER v. VISTA CONSTRUCTION CONCEPTS, INC

MEMORANDUM.

Order affirmed, with $10 costs.

In our opinion, the plaintiff subcontractors, notwithstanding their failure to obtain a home improvement license, may enforce their contract against the defendant contractor, since the purpose of the requirement of a license is to "safeguard and protect the home owner" (Administrative Code of City of New York § B32-350.0; see also, Rosasco Creameries v Cohen, 276 N.Y. 274, 280; 12 N.Y. Jur 2d, Business and Occupations, § 43; cf. Zimmett v Professional Acoustics, 103 Misc.2d 971). We do not construe the term, "owner", as used in the code, to include a contractor vis-a-vis a subcontractor (see, Administrative Code § B32-351.0 [4]).

KASSOFF, J.P., MONTELEONE and LERNER, JJ., concur.