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NOVAK & CO. v. BD. OF EDUC. OF THE CITY OF NEW YORK

217 A.D.2d 575 (1995)

628 N.Y.S.2d 597

Novak & Co., L.T., 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.

July 10, 1995

Ordered that the order and judgment is affirmed, with costs.

It is well established that "[a]bsent an unusual factual situation, `estoppel is not available against a governmental agency engaging in the exercise of its governmental functions'" (Advanced Refractory Technologies v Power Auth., 81 N.Y.2d 670, 677, quoting D'Angelo v Triborough Bridge & Tunnel Auth.,

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