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EPIC POOL CORP. v. FONTECCHIO

2008-11148

67 A.D.3d 858 (2009)

888 N.Y.S.2d 429

2009 NY Slip Op 08581

EPIC POOL CORP., Appellant, v. ROBERT FONTECCHIO et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 17, 2009.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendants' motion to dismiss the complaint based upon the plaintiff's failure to possess a valid home improvement contractor's license at the time of the commencement of the action. "In order for a home improvement contractor to recover damages for breach of contract . . . [it] must possess (1) a valid license at the time of performance for...

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