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VARSITY BUS CO. v. NEW YORK CITY DEPARTMENT OF EDUCATION

Nos. 7669, 100604/10.

95 A.D.3d 623 (2012)

944 N.Y.S.2d 125

2012 NY Slip Op 3784

VARSITY BUS CO. et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 15, 2012.

The contracts between the parties pertaining to transportation of students provided that plaintiff bus companies are entitled to compensation in the amount of 85% of their daily rate for any "`regularly scheduled school days' on which the Chancellor or his designee(s) shall order ... pupils not to be in attendance for any reason." The contracts further defined a "regularly scheduled school day" as "any day on which schools are scheduled to be open in accordance with the official...

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