LEITH CONSTR. CO., INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK


62 A.D.2d 1050 (1978)

Leith Construction Co., Inc., Appellant, v. Board of Education of the City of New York, Respondent

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

April 24, 1978


Order modified by deleting the second, third and fourth decretal paragraphs thereof and by substituting therefor a provision that the branches of the cross motion which seek (1) to amend the answer by asserting the defense of contractual Statute of Limitations and (2) dismissal of the complaint, are denied and that the cross motion is otherwise granted. As so modified, order affirmed, without costs or disbursements.

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