LAZARUS v. BD. OF EDUC. OF THE CITY OF NEW YORK


73 A.D.2d 662 (1979)

Lester Lazarus, as Assignee for the Benefit of Creditors of Ranger Bakers, Inc., Respondent, v. Board of Education of the City of New York, Appellant

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

December 24, 1979


Order modified, on the law, by adding to the first decretal paragraph thereof, immediately after the words "denied in all respects", the following: "except that defendant is granted partial summary judgment dismissing plaintiff's second cause of action, sounding in breach of contract." As so modified, order affirmed, without costs or disbursements.

Plaintiff commenced this action seeking to recover damages for goods sold and delivered and for breach of contract. On...

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