November 10, 2010

Motion practice.

Practice point: An unlicensed contractor cannot recover damages based either on breach of contract or quantum meruit.

Students should note that a home improvement contractor must plead possession of a valid license in order to commence an action to foreclose a mechanic's lien.

Case: Quick Start Constr. Corp. v. Staiger, NY Slip Op 07731 (2d Dept. 2010)

Here is the decision.

Friday's issue: Contracts.