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MARS ASSOC. v. BD. OF EDUC.

96 Misc.2d 393 (1978)

Mars Associates, Inc., et al., Plaintiffs, v. Board of Education of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

August 8, 1978

Attorney(s) appearing for the Case

Allen Schwartz, Corporation Counsel, for defendant. McDonough Schneider Marcus Cohn & Tretter for plaintiffs.

MARTIN B. STECHER, J.

This is a motion by the defendant to amend its answer, to "rehear" an earlier grant of summary judgment to the plaintiff and to grant summary judgment to the defendant.

These facts are undisputed. Prior to November 14, 1975, the plaintiff, under contract with the defendant, was engaged in school construction for the latter. On that date the defendant delivered two written communications...

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