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

221 A.D.2d 992 (1995)

634 N.Y.S.2d 586

Flower City Insulation Sales & Contractors, Inc., Respondent-Appellant, v. Board of Education — Marcus Whitman Central School District, Appellant-Respondent

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

November 15, 1995

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied summary judgment to either party on the second cause of action. Questions of fact remain with respect to whether plaintiff is excused from fulfilling the conditions for payment of the retainage under the contract (see, Flower City Insulation Sales & Contrs. v Board...

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