Northeast Construction Group, Inc. v. Deconstruction, Inc.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered March 4, 2004, after a nonjury trial, awarding plaintiff the principal sum of $50,308, plus interest, costs and disbursements, unanimously affirmed, without costs.

Defendant contractor failed to establish its counterclaims, which asserted a right to deduct amounts spent to remedy certain alleged defaults by plaintiff subcontractor under the subcontract. Paragraph 3.4.1 of the subcontract required giving notice as a condition precedent to taking such deductions (see generally Oppenheimer & Co. v Oppenheim, Appel, Dixon &…