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  5. 155 A.D.2d 662 (1989)
 

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

155 A.D.2d 662 (1989)

In the Matter of Benjamin Kurzban & Son, Inc., Petitioner, 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.

November 27, 1989

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the charge is dismissed.

Based on our review of the record, we find that, far from supporting the conclusion that the petitioner breached the contract, the evidence leads inexorably to the conclusion that by unjustifiably preventing the petitioner from carrying out its contractual obligations, the respondent breached the contract (see generally, Savin Bros....

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