Legal Question in Business Law in New York

Small Claims - contractor took money - not a real business

I contracted with someone to install central air in my house. His service order states it's from ''air-flow systems'' with the contractors home address. He signed the bottom with his first name only. I gave him a total of $2000 cash in 4 deposits over 3 months. After the last deposit, he never showed up to do the work and I cannot contact him in any way currently. I went to small claims yesterday, however, I sued him directly, not the business name on the form because we checked the county clerks office and that business name doens't exist. The arbitrator said that I need to tie the two together to prove my case. I'm not sure how to do that if the business name doesn't even exist (even as a DBA). Help?


Asked on 9/19/02, 3:37 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Small Claims - contractor took money - not a real business

I think your arbitrator was incorrect. Since the business is a sole proprietorship you sue the owner. Go to the Dept of Consumer Affairs. They will advise how to obtain a certificate that he is unlicensed and has failed to file a business certificate or a fictitiuos name certificate. I can help you in South Florida. Good luck.

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Answered on 9/20/02, 11:04 am


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