KELLY v. BD. OF EDUC., N. Y. C.


8 Misc.2d 1007 (1957)

James W. Kelly, Doing Business under the Name of James I. Kelly & Son, Plaintiff, v. Board of Education of the City of New York, Defendant.

Supreme Court, Special Term, Kings County.

December 5, 1957.


Attorney(s) appearing for the Case

David Groberg for plaintiff.

Peter Campbell Brown, Corporation Counsel (Jerome Reiss of counsel), for defendant.


BENJAMIN BRENNER, J.

In this action to recover moneys allegedly due plaintiff for work, labor and services performed pursuant to a written contract, defendant moves for summary judgment.

After a public bid plaintiff, on October 27, 1947, entered into a written contract with the defendant, as one of four contractors, for the modernization of the toilet facilities at Public School 164. It provided that...

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