Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
If a jury charge is "ambiguous, inconsistent, erroneous, confusing, one-sided, incomplete or overly technical a new trial will be ordered if prejudice has resulted to any party" ( Smith v. Midwood Realty Assoc., 289 AD2d 391, 392 [internal quotation marks omitted]). "[A] primary tenet of the doctrine of substantial performance is that the extent of recovery must be limited to reflect an adjustment for those items which were not duly performed" ( Pilgrim Homes Garages v. Fiore, 75 AD2d 846, 847; see Teramo Co. v. O'Brien-Sheipe Funeral Home, 283 AD2d 635, 637). The charge given on this issue was erroneous, incomplete, and ambiguous. Consequently, since the defendants were prejudiced by the charge, a new trial is required ( see Witherspoon v. Columbia Univ., 7 AD3d 702, 703; Smith v. Midwood Realty Assoc., supra; Carefree Bldg. Prods. v. Belina, 169 AD2d 956, 957-958).
The defendants' remaining contentions are without merit.