MATTER OF DELMA STUDIOS v. CLAUSEN


284 A.D. 490 (1954)

In the Matter of Delma Studios, Inc., et al., Appellants, v. Andrew G. Clausen, Jr., et al., Constituting The Board of Education of the City of New York, et al., Respondents

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

July 1, 1954.


Attorney(s) appearing for the Case

Aaron Benenson of counsel (Harold G. Israelson and Arnold R. Streit with him on the brief; Benenson & Israelson, attorneys), for appellants.

Edward J. McLaughlin of counsel (Seymour B. Quel with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for respondents.

CALLAHAN, J. P., and BERGAN, J., concur with BOTEIN, J.; BREITEL, J., dissents in opinion, in which BASTOW, J., concurs.


BOTEIN, J.

Petitioners, who are professional photographers, appeal from an order of Special Term denying their application under article 78 of the Civil Practice Act for an order compelling respondents, the board of education of the City of New York and the superintendent of schools, to refrain from requiring petitioners to bid competitively for contracts to photograph graduates of public schools.

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