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MATTER OF CARISTO CONSTR. CORP. v. RUBIN

15 A.D.2d 561 (1961)

In the Matter of Caristo Construction Corp., Respondent, v. Max J. Rubin, as President of The Board of Education of the City of New York, et al., Appellants In the Matter of Caristo Construction Corp., Respondent, v. Max J. Rubin, as President of The Board of Education of the City of New York, et al., Appellants In the Matter of Mars Associates, Inc., et al., Respondents, v. Max J. Rubin, as President of The Board of Education of the City of New York, et al., Appellants

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

December 27, 1961

In each proceeding: order modified on the law and the facts by striking out the first three decretal paragraphs, and by substituting therefor a paragraph dismissing the petition on the merits. As so modified, the order is affirmed, without costs. Findings of fact which may be inconsistent herewith are reversed, and new findings are made as indicated herein. In each proceeding: appeal from decision dismissed; no appeal lies from a decision.

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