Wowaka & Sons, Inc. v. Pardell

In Wowaka & Sons, Inc. v. Pardell (242 AD2d 1 [2d Dept 1998]), the Appellate Division, Second Department enforced a home improvement agreement which violated General Business Law Article 36-A, 771(1)(b),(e),(f) and (h). Defendants contended that the agreement violated this law by failing to include the contractor's license number, escrow notices, the amounts of periodic payments due, and defendants' rescission rights. The Second Department enforced the agreement on the grounds that the law in question did not "mandate that contracts which are not in strict compliance therewith are unenforceable" and "the denial of relief to the respondent in this case would be out of proportion to the requirements of public policy or appropriate individual punishment insofar as the alleged contractual omissions played no part whatsoever In inducing the appellants to enter into the contract" (Wowaka & Sons, Inc., 242 AD2d at 6).