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BD. OF EDUC. v. WAGER CONSTR.

45 A.D.2d 63 (1974)

Board of Education of Enlarged Ogdensburg City School District, Appellant, v. Wager Construction Corp., Respondent

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

June 13, 1974.

Attorney(s) appearing for the Case

O'Connell, McEwen & DuPre (DeGraff, Foy, Conway & Holt-Harris, David F. Kunz of counsel), for appellant.

Bryant, O'Dell & Basso (Robert F. Silkey of counsel), for respondent.

KANE and REYNOLDS, JJ., concur; HERLIHY, P. J., and GREENBLOTT, J., dissent and vote to affirm on the opinion of JOHN J. O'BRIEN, J., at Special Term.

COOKE, J.

The instant controversy arises out of a contract between the Board of Education and respondent contractor for the construction of a physical education building. The contractor claimed that as a result of the delay on the part of the board in making the construction site available, it had to revise its construction schedule incurring substantially higher costs thereby.

The contractor first indicated...

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