Brite-N-Up, Inc. v. Reno

In Brite-N-Up, Inc. v. Reno (7 AD3d 656 [2d Dept 2004]) the Appellate Division, Second Department, ruled that, when a contract is entered into with an unlicensed contractor, "the contract is rescinded and generally 'the parties . . . should be left as they are' " (Brite-N-Up, Inc., 7 AD3d at 657 ). Thus, the Appellate Division, Second Department, dismissed the owner's counterclaim to recover the difference between the contract price and the actual cost of completion.