Matter of Ratner

In Matter of Ratner (180 Misc 2d 480 [Sup Ct, NY County 1999]) a general contractor entered into a contract with a homeowner to make renovations to a cooperative apartment. The general contractor, who was not licensed to make home repairs, subcontracted with a third party for the repairs of windows in the apartment. The Ratner court held that a contractor's failure to be licensed to do home improvement precluded his subcontractor from enforcing a mechanic's lien against the homeowner for the "window work" done pursuant to the subcontract. The court noted that since the contractor was not licensed to act as a home improvement contractor, it could not recover from the homeowner for the work done by the subcontractor. It follows, the court reasoned, that the subcontractor may not maintain a mechanic's lien against the subject premises since the subcontractor was standing in the shoes of the contractor.