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


305 N.Y. 119 (1953)

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

Court of Appeals of the State of New York.

Decided March 5, 1953


Attorney(s) appearing for the Case

Nelson Rosenbaum for appellants.

Denis M. Hurley, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for respondent.

LOUGHRAN, Ch. J., CONWAY, DYE, FULD and FROESSEL, JJ., concur with LEWIS, J.; DESMOND, J., dissents in opinion.


LEWIS, J.

We are to determine whether actionable constructive fraud was proven by the plaintiffs in connection with the award to them by the defendant of one of four separate contracts for the construction of an addition to a public school building.

By constructive fraud is meant "* * * an act done or omitted, not with an actual design to perpetrate positive fraud or injury upon other persons, but which...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases