MATTER OF REDDICK & SONS OF GOUVERNEUR, INC. v. CESARIO


57 A.D.2d 1074 (1977)

In the Matter of Reddick & Sons of Gouverneur, Inc., Respondent, v. Vincent Cesario et al., Constituting Carthage Central School Board District No. 1, et al., Appellants

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

May 27, 1977


Judgment unanimously reversed, with costs and matter remitted to Supreme Court, Lewis County for trial.

Memorandum:

In this article 78 proceeding to compel respondent to release $33,966.50 of retainage funds under a school construction contract, pursuant to a tender of three municipal bonds having that value, in accordance with section 106 of the General Municipal Law, respondent answered that petitioner has failed...

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