San Sung Korean Methodist Church v. Professional USA Construction Corp.
Opinion of the Court
Ordered that the appeals by the defendants Professional USA Construction Corp. and Soon Jung Moon, also known as Soon Jung Son from so much of the order as denied those branches of the defendants’ cross motion which were for summary judgment dismissing the plaintiffs first, second, and third causes of action insofar as asserted against the defendant Jung Shik Son are dismissed, as those defendants are not aggrieved by that portion of the order appealed from (see CPLR 5511); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondent.
The plaintiff entered into an agreement with the defendants for the renovation of a one-family residence it owned in Maspeth. The defendants did not have a license to perform home improvements pursuant to the Administrative Code of City of New York § 20-387 at the time the contract was entered into and the work was performed. Thus, “the contract was unenforceable” (Brite-N-Up, Inc. v Reno, 7 AD3d 656, 657 [2004]). As “[t]he lack of a license also bars recovery of damages for breach of contract or in quantum meruit” (id. at 657), the Supreme Court properly granted those branches of the plaintiffs motion which were for summary judgment dismissing the defendants’ first and second counterclaims to recover damages for breach of contract and in quantum meruit (see Price v Close, 302 AD2d 374 [2003]; Hughes & Hughes Contr. Corp. v Coughlan, 202 AD2d 476 [1994]).
The Supreme Court also properly denied those branches of the defendants’ cross motion which were for summáry judgment dismissing the plaintiffs first, second, and third causes of action to recover damages for breach of contract, negligence, and fraud, respectively, insofar as asserted against the defendant Jung Shik Son (hereinafter Son). In opposition to the defendants’ establishment of prima facie entitlement to judg
Case-law data current through December 31, 2025. Source: CourtListener bulk data.