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BENJAMIN KURZBAN & SON, INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK

129 A.D.2d 756 (1987)

Benjamin Kurzban & Son, 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, Second Department.

April 27, 1987

Ordered that the order is affirmed, with costs.

In June 1985, the parties entered into a contract whereby the plaintiff was to perform certain construction and alteration work for the defendant. Various disputes arose, and the plaintiff never performed any of the work. By summons and complaint dated August 14, 1986, the plaintiff commenced this action to declare the defendant in default of the contract. By letter dated...

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