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KLEMITT CONSTR. CORP. v. BD. OF EDUC.

8 Misc.2d 817 (1957)

Klemitt Construction Corporation, Plaintiff, v. Board of Education of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

November 20, 1957.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Joseph J. Lucchi and Harry Tannenbaum of counsel), for defendant.

Benedict Ginsberg for plaintiff.

HENRY CLAY GREENBERG, J.

This motion by the defendant for partial summary judgment dismissing the second and third causes of action is granted.

(1) The motion to dismiss the second cause of action is predicated on the one-year limitation of time within which to commence an action contained in the contract entered into between the parties. Such a provision has been recognized and enforced by the courts (Lowry v. Inman, 46 N.Y. 119; Fortunato...

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