In A.H.A. Gen. Constr. v. New York City Hous. Auth., 92 NY2d 20 [1998] respondent contractor brought suit against the New York City Housing Authority for breach of contract. The Appellate Division, First Department, denied the Authority's motion for summary judgment, finding that although the contractor had not complied with notice and reporting requirements, an issue of fact remained as to the Authority's bad faith in performing the contract (92 NY2d at 30). On appeal, the Appellate Division found that the Authority's alleged misconduct with respect to a few provisions (of a contract that was largely performed by both parties) was not so severe as to excuse the contractor's non-compliance with contractual notice and reporting requirements (A.H.A., 92 NY2d at 33-34.)