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NRS CONSTR. CORP. v. BD. OF EDUC. OF THE CITY OF NEW YORK

92 A.D.2d 803 (1983)

NRS Construction Corp., Respondent, v. Board of Education of the City of New York (P.S. 346, Kings), Appellant

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

March 17, 1983

In November of 1973, plaintiff-respondent, a general contractor, and defendant-appellant the Board of Education of the City of New York, entered into a contract for construction of a new school. Article 67 of the agreement required that any action arising thereunder be commenced within one year of the board's approval of plaintiff's work. According to article 69, plaintiff's acceptance of final payment would operate to release the...

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