BD. OF EDUC., HALF HOLLOW HILLS CENT. SCH. DIST. NO. 5, TOWNS OF HUNTINGTON & BABYLON v. STATEWIDE VENDING CORP.


84 A.D.2d 754 (1981)

Board of Education, Half Hollow Hills Central School District No. 5, Towns of Huntington and Babylon, Appellant, v. Statewide Vending Corporation, Also Known as Statewide Industrial Catering of Dix Hills, Inc., Respondent, et al., Defendant. International Fidelity Insurance Company, Third-Party Plaintiff; Al Hirschberger et al., Third-Party Defendants-Respondents. (Action No. 1.) Statewide Industrial Catering of Dix Hills, Inc., Plaintiff, v. Half Hollow Hills Central School District of Huntington and Babylon, Defendant. (Action No. 2.)

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

November 9, 1981


Order reversed, insofar as appealed from, on the law, with $50 costs and disbursements, motion for summary judgment is denied, plaintiff's complaint in Action No. 1 dated March 14, 1977 is reinstated and plaintiff's complaint in Action No. 2 is dismissed.

On June 1, 1976 plaintiff in Action No. 1, Board of Education of Half Hollow Hills Central School District No. 5 (school district), issued a "NOTICE TO BIDDERS", which solicited...

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