BD. OF EDUC., UNION FREE SCH. DIST. NO. 5, TOWN OF GREENBURGH v. A. BARBARESI & SON, INC.


25 A.D.2d 855 (1966)

Board of Education, Union Free School District No. 5, Town of Greenburgh, Appellant, v. A. Barbaresi & Son, Inc., Respondent and Third-Party Plaintiff-Appellant. Kipp Bros., Inc., Third-Party Defendant-Respondent. (Action No. 1.) A. Barbaresi & Son, Inc., Respondent, v. Board of Education, Union Free School District No. 5, Town of Greenburgh, Appellant. (Action No. 2.)

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

May 9, 1966


Judgments reversed on the law, and a new trial granted as to all issues between the parties to both actions and the parties to the third-party action, with costs to abide the event. The questions of fact have not been considered.

In Action No. 1, which sounds in negligence and breach of contract, the board sought to recover from the contractor the sums which the board allegedly was required to pay to adjacent landowners in satisfaction of claims asserted by them against...

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