Savarese Gen. Contr. v. Mychalczak

In Savarese Gen. Contr. v. Mychalczak (272 AD2d 300 [2d Dept 2000]), the plaintiff, a home improvement contractor, licensed by the Town of East Hampton (Town) pursuant to a town ordinance, was precluded to bring an action against a consumer because the plaintiff failed to plead that he was licensed pursuant to a Suffolk County licensing statute applicable to home improvement contractors. In opposition to the motion, the plaintiff claimed it was only required to be licensed by the Town and that a county license was not required. The Appellate Division, Second Department, reversed the lower court and held that plaintiff's failure to hold a county license could not serve as a basis for dismissal pursuant to CPLR 3015 (e) because plaintiff pleaded that he was licensed by the Town and proffered the relevant annual licenses.