Ozkurt v. Hyatt Realty, LLC

Summary

The Appellate Division affirmed an order denying defendants’ motion to dismiss claims for breach of contract and quantum meruit arising from renovation work. The court held that the complaint could be read to allege that the plaintiff merely managed or supervised the work and was not a licensed home improvement contractor subject to New York City’s licensing requirement.

Holdings

1. The complaint was not subject to dismissal because, construed in the plaintiff's favor, it alleged that the plaintiff managed or supervised the work rather than operated a home-improvement business, and therefore did not require an allegation of licensing compliance.
2. The Supreme Court properly denied dismissal of the breach-of-contract and quantum-meruit claims for materials and labor used in renovating the subject building.

Questions Presented

1. Whether the complaint sufficiently stated breach-of-contract and quantum-meruit claims despite not alleging compliance with the home-improvement licensing requirement.
2. Whether the allegations established that the plaintiff was a home-improvement contractor subject to Administrative Code of the City of New York § 20-387.

Disposition

affirmed