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KELLY v. BD. OF EDUC. OF THE CITY OF NEW YORK

7 A.D.2d 856 (1959)

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

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

January 12, 1959

Order and judgment affirmed, with $10 costs and disbursements, on the opinion of the Special Term.

Murphy, J., dissents and votes to reverse the order and judgment and to deny the motion, with the following memorandum:

A question of fact is presented for trial, namely whether the delay of 121 days for which liquidated damages were exacted was caused by delay of other contractors with whom appellant was...

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