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MATTER OF CARISTO CONSTR. CORP. v. RUBIN

10 N.Y.2d 538 (1962)

In the Matter of Caristo Construction Corp., Appellant, v. Max J. Rubin, as President of the Board of Education of the City of New York, et al., Respondents. (Public School 154.) In the Matter of Caristo Construction Corp., Appellant, v. Max J. Rubin, as President of the Board of Education of the City of New York, et al., Respondents. (Public School 309.) In the Matter of Mars Associates, Inc., et al., Appellants, v. Max J. Rubin et al., Constituting the Board of Education of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided January 25, 1962.

Attorney(s) appearing for the Case

Louis E. Yavner and Robert Nelson Shiverts for Mars Associates, Inc., and another, appellants.

Max E. Greenberg for Caristo Construction Corp., appellant.

Leo A. Larkin, Corporation Counsel (Seymour B. Quel, Leon A. Fischel, Fabian Palomino and John L. Radlein of counsel), for respondents.

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

Chief Judge DESMOND.

While we have doubt as to the board's power permanently to disqualify appellants from bidding on Board of Education specifications and/or contracts, we do not construe the resolution in question as a permanent disqualification, and the Corporation Counsel indicated on the argument that it was not so intended.

Appellants are free at any time to renew their applications for prequalification...

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