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JAFFIE CONTR v. BD OF EDUC

90 A.D.2d 163 (1982)

Jaffie Contracting Co., Inc., Respondent-Appellant, v. Board of Education of the City of New York, Appellant-Respondent

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

December 7, 1982

Attorney(s) appearing for the Case

Fay Leoussis of counsel (Carolyn E. Demarest with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellant-respondent.

Eli Saul Cohn of counsel (K. Richard Marcus with him on the brief; McDonough Marcus Cohn & Tretter, P. C., attorneys), for respondent-appellant.

ROSS, J. P., CARRO and ASCH, JJ., concur.

SILVERMAN, J.

This is an appeal from an order of the Supreme Court, Special Term, denying defendant's motion for partial summary judgment relating to damages for alleged precommencement breach.

The action is on a public construction contract. As is quite common in such actions, the complaint (here the first amended complaint) contains three causes of action; the first for balance due under the contract...

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