Orders reversed on the law and the facts, without costs; motion for the stay, pending the determination of this proceeding, granted; and proceeding remitted to the Special Term for the purpose of a nonjury trial, in accordance with section 1295 of the Civil Practice Act, with respect to the issue of whether the action of the Board of Education in rejecting the bid of the lowest bidder was arbitrary and capricious.
That issue cannot be determined on the basis of affidavits...
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