A. D. WALKER & CO., INC. v. BD. OF EDUC. OF CENT. SCH. DIST. NO. 1 OF THE TOWNS OF MOUNT PLEASANT & N. CASTLE


44 N.Y.2d 918 (1978)

A. D. Walker & Co., Inc., Appellant, v. Board of Education of Central School District No. 1 of the Towns of Mount Pleasant and North Castle, Defendant-Respondent and Third-Party Plaintiff-Respondent. Valridge Construction Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Alan D. Singer for appellant.

William F. Plunkett, Jr., for defendant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this motion to dismiss the complaint for failure to state a cause of action, treated as a motion for summary judgment, the proof submitted by appellant is insufficient, as a matter of law, to raise a triable issue of fact as to whether respondent, board of education, has waived or is estopped from asserting the defense that appellant...

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