DAVID COYNE & CO., INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK


63 A.D.2d 900 (1978)

David Coyne & 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, First Department.

June 13, 1978


Unanimously reversed, on the law, without costs or disbursements, judgment entered thereon vacated, and defendant's motion for summary judgment denied.

This is an action by an electrical contractor against the board of education seeking the recovery, in 12 asserted causes of action, of retainage moneys held by the board under the contract; the cost of extras furnished by plaintiff pursuant to the board's change orders; and damages caused by the board's delay in performance...

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