Honig and Bholan Successfully Defeat Motion for Summary Judgment

March 22, 2018 | Commercial Litigation

Jeremy Honig and Michelle Bholan prevailed in defeating a motion seeking summary judgment on a breach of contract claim and to dismiss the counterclaims of their client, a general contractor, for breach of contract and unjust enrichment.  The court, in denying Plaintiff’s motion for summary judgment, held that there were several disputed issues of material fact concerning the parties’ performance of their respective obligations under a contract for a home improvement project.  Similarly, the court concluded that disputed issues of material fact surrounding the scope and amount of work performed by the general contractor while it maintained a valid home improvement license precluded dismissal of its counterclaims.  Notably, the court explained that while a general contractor is required to have a valid home improvement license in Westchester County, a contractor is not permitted to cease performance of a home improvement project if the license expires while the project is in progress.  The court further held that the contractor must be permitted to pursue claims sounding in breach of contract and unjust enrichment against  plaintiff where, as here, the contractor’s license expired in the middle of a project.  Based on the foregoing, the court denied Plaintiff’s motion in its entirety.

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