FLOWER CITY INSULATION SALES & CONTRACTORS, INC. v. BD. OF EDUC. — MARCUS WHITMAN CENT. SCH. DIST.


190 A.D.2d 1018 (1993)

Flower City Insulation Sales and Contractors, Inc., Respondent-Appellant v. Board of Education — Marcus Whitman Central School District, Appellant-Respondent. (Appeal No. 1.)

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

February 5, 1993


Cross appeal unanimously dismissed without costs and otherwise order affirmed.

Memorandum:

The parties entered into a contract for asbestos removal work to be performed by plaintiff at defendant's elementary schools. On August 2, 1988, 11 days before plaintiff's work was to have been completed under the contract, a fire occurred in the gymnasium at the Gorham Elementary School. Plaintiff cleaned up and repaired the fire damage before completing its asbestos...

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