Does a Home Improvement Contractor Need to Acquire a License from the Town or County ?
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.
Conversely, in Ellis v. Gold (204 AD2d 261 [2d Dept 1994]), where the home improvement contractor was licensed by other governmental agencies, the Court did not entitle the plaintiff contractor to recover on mechanic's liens for work performed in town from which he had not obtained the required contractor's license.