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SMITH ELEC. CONTRACTORS v. BD. OF EDUC.

45 A.D.2d 458 (1974)

A. I. Smith Electrical Contractors, Inc., Respondent, v. Board of Education of the City of New York (Charles Evans Hughes H. S.), Appellant

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

September 17, 1974.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (L. Kevin Sheridan, Max E. Lynne and Herbert Perlman with him on the brief), attorney for appellant.

McDonough, Schneider, Marcus & Cohn (Eli Saul Cohn of counsel), for respondent.

MARKEWICH, J. P., MURPHY, LUPIANO, STEUER and LANE, JJ., concur.

Per Curiam.

Plaintiff brings this action to recover damages for breach of a contract whereby plaintiff performed certain electrical work in the construction of Charles Evans Hughes High School. Defendant board of education moved to dismiss the action as barred by a limitation included in the contract. The contract provided that no claim arising under it could be brought unless started "within one year after the date of acceptance of the work under this contract...

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