Opinion
2002-612 K C.
Decided December 22, 2003.
Appeal by plaintiff from a judgment of the Civil Court, Kings County (L. Baily-Schiffman, J.), entered December 13, 2001, in favor of defendant in the principal sum of $4,544.37 on his counterclaim and dismissing plaintiffs action.
Judgment unanimously modified by dismissing defendant's counterclaim; as so modified, affirmed without costs.
PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
Plaintiff commenced the instant action to recover monies paid to defendant to renovate her house. Defendant counterclaimed for unpaid labor costs. This case presented issues of credibility which were decided by the lower court in defendants favor and said determination was supported by a fair interpretation of the evidence ( see Jones v. Hart, 233 AD2d 297; DiSalvo v. Ordway, 208 AD2d 798). We note that this court cannot consider matters dehors the record ( see Chimarios v. DuhI, 152 AD2d 508). In light of the foregoing, the lower court properly dismissed plaintiffs complaint.
With respect to defendant's counterclaim, inasmuch as defendant failed to plead and prove that he was properly licensed when he performed the services as required by the Administrative Code of the City of New York § 20-3 87 (a), he may not recover damages for breach of contract or in quantum meruit ( see CPLR 3015 [e]; Golfo v. Sopher, 253 AD2d 479 [19981; Lorenzo Marble Tile v. Meves, 236 AD2d 448; Ellis v. Gold, 204 AD2d 261). Accordingly, the judgment should be modified by dismissing defendant's counterclaim.