You are here: / / Unlicensed Contractor Could Not Sue for Breach of Contract or Quantum ...
,

Unlicensed Contractor Could Not Sue for Breach of Contract or Quantum Meruit

The Second Department affirmed the dismissal of a contractor’s “breach-of-contract” and “quantum-meruit” causes of action because the contractor was not licensed, and thereby forfeited his right to recover:

Where a home improvement contractor is not properly licensed in the municipality where the work is performed at the time the work is performed, the contractor forfeits the right to recover for the work performed both under the contract and on a quantum meruit basis …. Administrative Code of Suffolk County § 563-17(A) provides, in pertinent part, that “[i]t is unlawful for any person to engage in any business as a home improvement contractor without obtaining a license therefor.” Graciano Corp v Baronoff, 2013 NY Slip Op 03301, 2nd Dept, 5-8-13

 

You might also like
APPELLANT WAS NOT AN AGENT OF THE GENERAL CONTRACTOR OR OWNER, DID NOT SUPERVISE AND CONTROL PLAINTIFF’S WORK AND DID NOT HAVE CONTROL OVER THE WORK SITE; THEREFORE THE LABOR LAW 240(1), 241(6) AND 200 CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED IN THIS CONSTRUCTION-DEBRIS-SLIP-AND-FALL CASE (SECOND DEPT).
Failure to Link Specific Monetary Loss to Acts or Omissions of the Attorneys Required Dismissal
PLAINTIFF BANK IN THIS FORECLOSURE ACTION DID NOT DEMONSTRATE THE FIVE HOUSING COUNSELING AGENCIES LISTED IN THE RPAPL 1304 WERE DESIGNATED BY THE NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR) AND THEREFORE DID NOT DEMONSTRATE STRICT COMPLIANCE WITH RPAPL 1304 (SECOND DEPT).
THE DEFENDANTS’ PRE-ANSWER MOTION TO DISMISS EXTENDED THE TIME FOR PLAINTIFFS TO AMEND THE COMPLAINT AS A MATTER OF RIGHT UNTIL TEN DAYS AFTER SERVICE OF THE NOTICE OF ENTRY OF THE ORDER DETERMINING THE MOTION (SECOND DEPT).
TRIAL JUDGE’S HANDLING OF JURY NOTES CONSTITUTED A MODE OF PROCEEDINGS ERROR, REVERSAL REQUIRED DESPITE FAILURE TO PRESERVE THE ERROR (SECOND DEPT).
Expert Opinion Must Be Based On Facts in Record or Personally Known.
PLAINTIFF, A PASSENGER ON A BUS WHICH VEERED OFF THE HIGHWAY IN SNOWY CONDITIONS, WAS ENTITLED TO SUMMARY JUDGMENT (SECOND DEPT).
THE DEFENDANT’S AFFIDAVIT SUBMITTED IN SUPPORT OF THE MOTION TO DISMISS WAS NOT “DOCUMENTARY EVIDENCE” WHICH UTTERLY REFUTED THE ALLEGATIONS IN THE COMPLAINT; EVEN THOUGH DEFENDANT MIGHT WIN AT THE SUMMARY JUDGMENT STAGE, THE PROOF REQUIREMENTS FOR DISMSSAL ARE DIFFERENT AND WERE NOT MET (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Arrest Based on Out of State Warrant Not Authorized​ Anticipatory Repudiation Cause of Action Stated;Four-Year UCC Statute of Limitations...