In this action for damages arising out of plaintiff's performance of a construction contract with defendant City of New York, plaintiff was awarded summary judgment on its first cause of action for the "contract balance" of $3,000 with interest from October 26, 1977, based on the erroneous assumption that "defendant does not dispute [that] this sum is due". Defendant's papers in opposition pointed out that plaintiff failed to file a requisition for payment of the final balance and final verified statement of claims, which, pursuant to the terms of the contract, is a condition precedent for final payment. As such, it was error to grant plaintiff summary judgment on this claim.
We have examined the other points raised on this appeal and cross appeal and find them without merit.
Concur — Sandler, J.P., Asch, Kassal, Rosenberger and Ellerin, JJ.