HEFFERNAN, J.
This appeal arises out of a construction contract. The plaintiff, Stevens Construction Corporation, entered into a contract to build an apartment complex for the defendant, real estate developer Jerome Fisher. Stevens agreed to perform the contracting services for the consideration of $2,100,000. Fisher paid all but $6,784.94 of the contract price. Stevens brought suit for the unpaid balance. Fisher answered the complaint of Stevens, admitting the performance...
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