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MAKAY CONSTR. CORP. v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 8 OF THE TOWN OF HEMPSTEAD, COUNTY OF NASSAU

52 A.D.2d 594 (1976)

Makay Construction Corp., Respondent, v. Board of Education of Union Free School District No. 8 of the Town of Hempstead, County of Nassau, Appellant

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

April 12, 1976

Order affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, which involves a dispute as to the date when a construction contractor was declared to be in default under the terms of a contract prepared by defendant, we believe that Special Term properly exercised its discretion in permitting plaintiff to comply with section 3813 of the Education Law nunc...

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