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PLANET CONSTR. CORP. v. BD. OF EDUC.

7 N.Y.2d 381 (1960)

Planet Construction Corporation, Appellant, v. Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 3, 1960.

Attorney(s) appearing for the Case

Benjamin Jaffe and Ralph Stout for appellant.

Charles H. Tenney, Corporation Counsel (Beatrice Shainswit and Seymour B. Quel of counsel), for respondent.

Judges FULD, FROESSEL and VAN VOORHIS concur with Judge FOSTER; Chief Judge DESMOND dissents in an opinion in which Judges DYE and BURKE concur.

FOSTER, J.

This is an appeal of the plaintiff, by permission of this court, from a summary judgment dismissing the complaint granted at Special Term and unanimously affirmed by the Appellate Division, First Department.

The action is to recover a balance alleged to be due for extra labor and materials furnished in connection with a construction contract. The contract contains a provision limiting the time...

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