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  5. 28 N.Y.2d 101 (1971)
 

KOOLERAIRE SERV. v. BD. OF EDUC.

28 N.Y.2d 101 (1971)

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

Court of Appeals of the State of New York.

Decided March 3, 1971.

Attorney(s) appearing for the Case

Louis Cantor for appellant.

J. Lee Rankin, Corporation Counsel (Anthony B. Gliedman, Stanley Buchsbaum and Alfred Weinstein of counsel), for respondent.

Chief Judge FULD and Judges SCILEPPI, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.

BERGAN, J.

Plaintiff was a prequalified bidder of the defendant Board of Education, and having made the low bid of $418,175 for the heating and ventilating work for J. H. S. 56, Manhattan, was awarded the contract for this work by the board July 21, 1965. The contract was executed by plaintiff August 12, 1965; and by defendant August 13, 1965.

The contract contained a condition precedent to its effective...

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