Roth Painting Company v. Fishman

In Roth Painting Company v. Fishman, 175 Misc.2d 525 (App. Term, 2d Dep't 1997), CPLR Rule 3015(e) was found inapplicable where the plaintiff- like the instant plaintiff a personal acquaintance of the defendant-rendered unlicensed services to the defendant. In Roth, though, (a) the applicable Administrative Code (of Westchester County) required that the services be rendered "for a profit" for licensing to be required, and (b) the plaintiff demonstrated he had performed on a cost basis, as a personal courtesy. In the instant situation, Nassau's Administrative Code contains no "for profit" restriction, and the plaintiff in any event advanced no claim that he acted for anything other than the purpose of turning a profit.