Sabir v Noble

[*1] Sabir v Noble 2014 NY Slip Op 50975(U) Decided on June 13, 2014 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 13, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and SOLOMON, JJ.
2012-2279 K C

Abdul R. Sabir, Appellant,

against

Jacquiline Noble, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered June 7, 2012. The judgment, after a nonjury trial, dismissed the complaint and awarded defendant the principal sum of $6,000 on her counterclaim.

ORDERED that the judgment is modified by vacating the award in favor of defendant on her counterclaim and by providing that defendant's counterclaim is dismissed; as so modified, the judgment is affirmed, without costs.

Plaintiff commenced this action to recover the sum of $17,600 for breach of a construction contract, alleging that defendant had failed to pay the balance due. Defendant counterclaimed to recover the sum of $9,600 based on plaintiff's alleged defective workmanship. Following a nonjury trial, the Civil Court dismissed the complaint and awarded defendant the principal sum of $6,000 on her counterclaim.

A cause of action for breach of contract for contracting services against a consumer is subject to dismissal pursuant to CPLR 3211 (a) (7) if a plaintiff does not allege compliance with local licensing requirements (see CPLR 3015 [e]; Administrative Code of City of New York § 20-387 [a]; Enko Constr. Corp. v Aronshtein, 89 AD3d 676 [2011]; Orchid Constr. Corp. v Tablada, 36 Misc 3d 138[A], 2012 NY Slip Op 51446[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; C.F.C. Commercial Flooring Contrs., Inc. v Sachs, 13 Misc 3d 143[A], 2006 NY Slip Op 52307[U] [App Term, 2d & 11th Jud Dists 2006]). As plaintiff failed to allege or prove that he was licensed to perform home improvement work, we leave the dismissal of the complaint undisturbed (see Orchid Constr. Corp. v Gottbetter, 89 AD3d 708 [2011]; Orchid Constr. Corp. v Gonzalez, 89 AD3d 705 [2011]; Orchid Constr. Corp. v Tablada, 36 Misc 3d 138[A], 2012 NY Slip Op 51446[U] [App Term, 2d 11th & 13th Jud Dists 2012]).

With respect to defendant's counterclaim, we note that defendant presented no bills or invoices to support her claim of damages. Consequently, her counterclaim should have been dismissed (see O'Malley v Campione, 70 AD3d 595 [2010]).

Accordingly, the judgment is modified by vacating the award in favor of defendant on her counterclaim and by providing that defendant's counterclaim is dismissed.

Weston, J.P., Aliotta and Solomon, JJ., concur.

Decision Date: June 13, 2014