Appellate Division of the Supreme Court of New York, 2002

Callos, Inc. v. Julianelli

Appellate Division of the Supreme Court of New York · Decided December 30, 2002

300 A.D.2d 612; 752 N.Y.S.2d 398

Cases that cite this one

14 later published cases cite this decision.

Mikoma Elec., LLC v. Otek Bldrs., LLC (Appellate Division of the Supreme Court of New York 2024)
Pryor v. Fisher (In re Dimino) (United States Bankruptcy Court, E.D. New York 2010)
J.G. Cerasuolo Construction, Inc. v. Tyler (Appellate Division of the Supreme Court of New York 2006)
Brightside Home Improvements, Inc. v. Northeast Home Improvement Servs. (Appellate Division of the Supreme Court of New York 2022)
Marraccini v. Ryan (Appellate Division of the Supreme Court of New York 2010)
Quick Start Construction Corp. v. Staiger (Appellate Division of the Supreme Court of New York 2010)
LGP Foundations, Inc. v. Bantry (Appellate Division of the Supreme Court of New York 2009)
Racwell Constr., LLC v. Manfredi (Appellate Division of the Supreme Court of New York 2009)
Nicotra v. Manger (Appellate Division of the Supreme Court of New York 2009)
Hardy Plumbing, Heating & Air Conditioning, Inc. v. Menu (Appellate Division of the Supreme Court of New York 2009)
Hakimi v. Cantwell Landscaping & Design, Inc. (Appellate Division of the Supreme Court of New York 2008)
Ben Krupinski Builder & Associates, Inc. v. Baum (Appellate Division of the Supreme Court of New York 2007)
Flax v. Hommel (Appellate Division of the Supreme Court of New York 2007)
Intrepid Electrical Contracting Co. v. Serure (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action, *613inter alia, to foreclose mechanic’s liens, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Kit-son, J.), entered February 27, 2002, which, upon an order of the same court entered November 14, 2001, granting the motion of the defendants Jane Julianelli and South Woods, Inc., for summary judgment dismissing the complaint insofar as asserted against them, dismissed the complaint insofar as asserted against them and discharged the mechanic’s liens.

Ordered that the judgment is affirmed, with costs.

It is well settled that licensing statutes are to be strictly construed, and that an unlicensed contractor forfeits the right to recover damages based either on breach of contract or on quantum meruit, as well as the right to foreclose on a mechanic’s lien (see B & F Bldg. Corp. v Liebig, 76 NY2d 689; Ellis v Gold, 204 AD2d 261; Todisco v Econopouly, 155 AD2d 441; George Piersa, Inc. v Rosenthal, 72 AD2d 593).

The defendants Jane Julianelli and South Woods, Inc., established their prima facie entitlement to summary judgment dismissing the complaint insofar as asserted against them by establishing that the plaintiff was not licensed to perform home improvements in the Town of East Hampton when the contract was signed or when the work was performed, and the plaintiff failed to raise a triable issue of fact in opposition (see Ellis v Gold, supra; George Piersa, Inc. v Rosenthal, supra). Accordingly, the Supreme Court properly granted the motion for summary judgment.

The plaintiff’s remaining contention is without merit. Florio, J.P., Friedmann, McGinity and Townes, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.