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NORTHEAST CONSTRUCTION GROUP, INC. v. DECONSTRUCTION, INC.

16 A.D.3d 357 (2005)

793 N.Y.S.2d 17

NORTHEAST CONSTRUCTION GROUP, INC., Respondent, v. DECONSTRUCTION, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 2005.

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 & Co., 86 N.Y.2d 685 [1995]; 153 Hudson Dev., LLC v DiNunno,<...

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