In Landry v. Benjamin (141 N.Y.S.2d 710 [Sup Ct, Nassau County 1955]), the contractor attempted to collect on a portion of the contract that it had not finished and for which it had not been paid. The court held that the contractor did not substantially perform, but the evidence indicated that the contractor had already been paid in an amount approximately proportional to the amount of work completed (id. at 712).