From Casetext: Smarter Legal Research

Intrepid Elec. v. Serure

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 2006
34 A.D.3d 430 (N.Y. App. Div. 2006)

Opinion

2005-11626.

November 8, 2006.

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Demarest, J.), dated October 28, 2005, which denied his motion for summary judgment dismissing the complaint.

Before: Santucci, J.P., Mastro. Fisher and Dillon, JJ., concur.


Ordered that the order is affirmed, with costs.

Licensing statutes are to be strictly construed, and an unlicensed home improvement contractor cannot recover for services rendered either on the contract or in quantum meruit ( see Administrative Code of City of NY § 20-387; B F Bldg. Corp. v Liebig, 76 NY2d 689, 691-692; Brite-N-Up, Inc. v Reno, 7 AD3d 656; Callos, Inc. v Julianelli, 300 AD2d 612; Todisco v Econopouly, 155 AD2d 441; Bujas v Katz, 133 AD2d 730; Millington v Rapoport, 98 AD2d 765). Pursuant to Administrative Code of the City of New York § 20-397 (2), however, a duly licensed electrician does not need to obtain a separate home improvement contractor's license if he or she performs work which is within the scope of his or her license. In opposition to the defendant's prima facie showing of its entitlement to judgment as a matter of law, the plaintiff submitted evidence sufficient to raise a triable issue of fact as to whether all of the work performed constituted "home improvement" and to what extent the work performed was electrical and/or ancillary to electrical work performed by the plaintiff ( Raywood Assoc, v Seibel, 172 AD2d 154; see Power Cooling, Inc. v Wassong, 5 Misc 3d 22, 23). Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint.


Summaries of

Intrepid Elec. v. Serure

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 2006
34 A.D.3d 430 (N.Y. App. Div. 2006)
Case details for

Intrepid Elec. v. Serure

Case Details

Full title:INTREPID ELECTRICAL CONTRACTING Co., INC., Respondent, v. THEODORE SERURE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 8, 2006

Citations

34 A.D.3d 430 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8094
824 N.Y.S.2d 351

Citing Cases

Wildenstein v. 5H & Co.

Administrative Code of the City of New York § 20–387 forbids the soliciting, canvassing, selling,…

Ozkurt v. Hyatt Realty, LLC

(NYC Admin. Code § 20-386[6] [emphasis added]). Ozkurt and the Hyatts agreed that Ozkurt would perform home…