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  5. 57 A.D.2d 939 (1977)
 

CARISTO CONSTR. CORP. v. BD. OF EDUC. OF THE CITY OF NEW YORK

57 A.D.2d 939 (1977)

Caristo Construction Corp., Respondent, v. Board of Education of the City of New York et al., Appellants, et al., Defendant

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

May 31, 1977

Judgment reversed, on the law, without costs or disbursements, and motion for summary judgment denied.

The essential nature of this action is to compel payment of moneys due the plaintiff, which moneys have been withheld by the Comptroller of the City of New York pursuant to article 49 of a construction contract between plaintiff and the board. Article 49 generally provides that, if any claim is made against the board for any act or omission of the plaintiff, then...

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