Appellate Term, First Department · September 28, 2026 · 2026 NY Slip Op 51566[U]
Carpet Diem 17 Corp v To
Read the official decision: 2026 NY Slip Op 51566[U]
Holding The Appellate Term reversed a small claims judgment because the trial court failed to ascertain as a threshold matter whether the contractor possessed the requisite license. Since the plaintiff admitted to being unlicensed, the home improvement contract was unenforceable under substantive law.
The court’s words
the judge must, as a threshold matter, ascertain whether a contractor has the requisite license
2026 NY Slip Op 51566[U], at the official text
Since it is undisputed that plaintiff did not possess the proper license when the home improvement contract was signed
2026 NY Slip Op 51566[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | September 28, 2026 |
| Citation | 2026 NY Slip Op 51566[U] |
| Area of law | Consumer Protection |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51566[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 817 |
Recommended citation
ESQ HQ, New York Law Watch, Carpet Diem 17 Corp v To, 2026 NY Slip Op 51566[U] (Appellate Term, First Department, September 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51566-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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