Contracts · MBE-tested
Joseph A. Tuana & Associates, Inc., Appellant, v. Robert Burns, Respondent
125 A.D.3d 5611 N.Y.S.3d 819·New York Supreme Court, Appellate Division·2015·NY
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Opinion
(February 26, 2015)
Joseph A. Tuana & Associates, Inc., Appellant, v Robert Burns, Respondent.
[1 NYS3d 819]
[MAJORITY]
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered June 5, 2014, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.
The motion court correctly determined that plaintiff was an unlicensed home improvement contractor and therefore precluded, pursuant to Administrative Code of City of NY § 20-387 (a), from either enforcing the terms of its home improvement contract or seeking recovery under equitable principles, such as quantum meruit or an account stated (JMT Bros. Realty, LLC v First Realty Bldrs., Inc., 51 AD3d 453, 454 [1st Dept 2008]; O’Mara Org. v Plehn, 179 AD2d 548 [1st Dept 1992]).
We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Acosta, Saxe, Manzanet-Daniels and Clark, JJ. [Prior Case History: 2014 NY Slip Op 31470(U).]