The plaintiff moved to oppose the confirmation of an associate judge's report in a construction lien reference.
The associate judge had awarded the plaintiff damages but applied a set-off because the plaintiff unilaterally installed a different, cheaper epoxy than specified in the contract.
The associate judge also declined to award 24% interest and awarded $140,000 in partial indemnity costs.
The Superior Court of Justice dismissed the motion, finding no errors of law or palpable and overriding errors of fact in the associate judge's determinations regarding the set-off, interest rate, or costs.
