Enko Construction Corp. v. Aronshtein
Opinion of the Court
The Nassau County Administrative Code (hereinafter the Code), the local law applicable here, provides that “[n]o person shall own, maintain, conduct, operate, engage in or transact a home improvement business . . . unless he [or she] is licensed therefore” (Nassau County Administrative Code § 21-11.2). “An unlicensed contractor may neither enforce a home improvement contract against an owner nor seek recovery in quantum meruit” (J.M. Bldrs. & Assoc., Inc. v Lindner, 67 AD3d 738, 741 [2009] [internal quotation marks omitted]; B & F Bldg. Corp. v Liebig, 76 NY2d 689 [1990]; Hakimi v Cantwell Landscaping & Design, Inc., 50 AD3d 848, 851 [2008]; Al-Sullami v Broskie, 40 AD3d 1021, 1022 [2007]). Pursuant to CPLR 3015 (e), a complaint that seeks to recover damages for breach of a home improvement contract or to recover in quantum meruit for home improvement services is subject to dismissal under CPLR 3211 (a) (7) if it does not allege compliance with the licensing requirement (see CPLR 3015 [e]; Epic Pool Corp. v Fontecchio, 67 AD3d 858 [2009]; Flax v Hommel, 40 AD3d 809, 810 [2007]; Westchester Stone, Sand & Gravel v Marcella, 262 AD2d 403, 404 [1999]).
Here, the plaintiff did not allege that it was duly licensed, and conceded, in opposition to the defendant’s motion, that it did not possess the requisite license. Accordingly, the plaintiff was not entitled to enforce its contract against the defendant or to recover in quantum meruit (see Flax v Hommel, 40 AD3d at 810; Brite-N-Up, Inc. v Reno, 7 AD3d 656 [2004]; Hakimi v
Contrary to the plaintiffs further contention, although the licensing requirement only applies where improvements are made to buildings “used as a private residence or dwelling place” (Nassau County Administrative Code § 21-11.1 [3]), the defendant’s home fell within that category notwithstanding the fact that the defendant homeowner moved out of the house temporarily while the renovations were being performed (see Racwell Constr., LLC v Manfredi, 61 AD3d 731, 733 [2009]).
The plaintiffs remaining contentions are without merit.
Accordingly, the Supreme Court properly granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) and 3015 (e) to dismiss the complaint. Prudenti, PJ., Skelos, Balkin and Sgroi, JJ., concur. [Prior Case History: 28 Misc 3d 1228(A), 2010 NY Slip Op 51528(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.