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BANK v. BD. OF EDUC. OF CITY OF N. Y.

280 A.D. 58 (1952)

Meyer Bank et al., Copartners Doing Business under the Name of Bank Electric Co., Respondents, v. Board of Education of the City of New York, Appellant

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

March 25, 1952.

Attorney(s) appearing for the Case

Nelson Rosenbaum for respondents.

Andrew Bellanca of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant.

COHN, J. P., CALLAHAN and SHIENTAG, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents in opinion in which FOSTER, J., concurs.

Per Curiam.

The plaintiffs bring this action in fraud and deceit to recover increased costs and expenses over a fixed fee in completing a contract for electrical work in a school building.

The defendant advertised for bids on (1) general construction, (2) plumbing and drainage, (3) heating and ventilating, and (4) electrical work and fixtures.

It appears that the plumbing and heating contracts were not...

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