Velardo v. Tomescu

Summary

The court held that a home improvement contractor who was not individually licensed under the Westchester County Administrative Code could not recover under theories of breach of contract or quantum meruit. Although the contractor was a shareholder and manager of a corporation that held a license, he could not rely on the corporation’s license because he alone contracted with the defendants and performed the work. The court affirmed summary judgment dismissing the relevant causes of action.

Holdings

1. A home improvement contractor who is not properly licensed in the municipality where the work is performed cannot recover for the work performed either under the contract or on a quantum meruit basis.
2. An individual who contracted with the defendants and performed the home improvement work may not rely on a home improvement license issued to a corporation merely because he is a shareholder and manager of that corporation.
3. The defendants were entitled to summary judgment dismissing the breach-of-contract and quantum-meruit causes of action because they established their prima facie entitlement to judgment as a matter of law and the plaintiffs failed to raise a triable issue of fact.

Questions Presented

1. Whether an unlicensed individual home improvement contractor may recover under a home improvement contract.
2. Whether an unlicensed individual home improvement contractor may recover in quantum meruit.
3. Whether Mario Velardo could rely on a home improvement license issued to Antonio Velardo, Inc. because he was allegedly a shareholder and manager of the corporation.
4. Whether the defendants were entitled to summary judgment dismissing the breach-of-contract and quantum-meruit causes of action.

Disposition

affirmed