DEMOLITION CO. v. BD. OF EDUC.


40 N.Y.2d 516 (1976)

Lew Morris Demolition Co., Inc., Appellant, v. Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1976.


Attorney(s) appearing for the Case

Paul M. Godlin for appellant.

W. Bernard Richland, Corporation Counsel (Leonard Koerner, Stanley Buchsbaum and L. Kevin Sheridan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

The issue here is whether a contractual period of limitations bars plaintiff's claim for money due under the contract.

The facts are not in dispute. On October 18, 1956, plaintiff, Lew Morris Demolition Co., Inc., entered into an agreement with defendant, the Board of Education of the City of New York, for the performance of certain demolition work at P.S. No. 3, a public school site in Brooklyn...

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