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KOOLERAIRE SERV. & INSTALLATION CORP. v. BD. OF EDUC. OF THE CITY OF NEW YORK

33 A.D.2d 667 (1969)

Kooleraire Service and Installation Corp., Appellant, v. Board of Education of the City of New York, Respondent

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

November 18, 1969

Memorandum:

Judgment entered September 13, 1968, herein appealed from, affirmed, without costs or disbursements. The facts are fairly stated in the dissenting opinion and need not now be restated. The essential point of difference is over the significance of and effect to be given article 44, which is set forth in the dissenting opinion. When parties deal at arm's length, as here, with comparative equality of bargaining power, they are free to include in their contract...

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