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MATTER OF BD. OF EDUC., UNION FREE SCH. DIST. NO. 7

8 A.D.2d 940 (1959)

In the Matter of the Arbitration between Board of Education, Union Free School District No. 7, Town of North Hempstead, Great Neck, Appellant, and Heckler Electric Company, Inc., Respondent

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

July 6, 1959

Order reversed upon the law and the facts, with $10 costs and disbursements, and application granted.

Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. The provisions of section 3813 of the Education Law must be deemed to be part of the terms of the contract (Strauss v. Union Cent. Life Ins. Co., 170 N.Y. 349, 356) and no demand for payment of respondent's alleged damages was made as provided...

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