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MATILDA CONSTRUCTION INC. v. 420 EAST 72ND STREET TENANTS CORPORATION

259 A.D.2d 374 (1999)

687 N.Y.S.2d 120

MATILDA CONSTRUCTION INC., Appellant, v. 420 EAST 72ND STREET TENANTS CORPORATION, Defendant, and ASHLEY JOFFE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 23, 1999.

The action was properly dismissed because the complaint seeks to recover on a home improvement contract but does not allege that plaintiff possessed the required license (Administrative Code of City of NY § 20-387 [a]; CPLR 3015 [e]; see, Primo Constr. v Stahl, 161 A.D.2d 516). We reject plaintiff's argument that such licensing requirement does not apply to home improvement contracts such as this entered into by cooperative...

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