Judge John J. Kelley

Plaintiff sued to recover damages for breach of contract, among other things, alleging homeowner Lepatner's failure to pay money due under a home improvement contract. Lepatner moved for dismissal arguing plaintiff was not licensed to perform home improvement work in Southampton at the time work was done, and noting the parties never entered into a written agreement. The court found while plaintiff alleged it was properly licensed, Lepatner's evidence clearly established plaintiff was not a licensed home improvement contractor in Southampton at the time it performed work, noting plaintiff's application seeking a home improvement contracting license from Town of Southampton was signed and notarized more than one year after the subject work was performed. It rejected plaintiff's argument it should be allowed to recover money for work performed absent express language in the statutes barring same, stating strict public policy barred an unlicensed contractor from recovering damages against a property owner for any claims alleging breach of contract. Even if plaintiff had a valid license, it could not recover damages as there was never a written agreement, without which contractors were barred from recovering damages for contract breach. The complaint was granted dismissal.

Judge John J. Kelley