Sirlin Plumbing Co. v. Maple Hill Homes, Inc.

This action was brought to recover certain balances alleged to be due to the plaintiff for plumbing and heating work performed, and materials supplied, by it for the defendant. The defendant interposed an affirmative defense and counterclaim in which it asserted that the plaintiff had made various overcharges in the dealings between the parties, including the transactions referred to in the complaint, and sought judgment for the overpayments allegedly made by it. The Appellate Division, reversing Special Term, granted the plaintiff’s motion for judgment dismissing the affirmative defense and…