PROTE CONTR CO v. BD OF EDUC


230 A.D.2d 32 (1997)

657 N.Y.S.2d 158

Prote Contracting Co., Inc., Respondent, v. Board of Education of the City of New York (Various), Appellant. (And a Third-Party Action.)

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

April 29, 1997


Attorney(s) appearing for the Case

Cheryl Payer of counsel (Stephen J. McGrath, Jonathan S. Becker and Dona B. Morris on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

Sheldon Feinstein, P. C., of counsel, Bayside (Eric Slepian on the brief; attorney), for respondent.

ROSENBERGER, WALLACH and WILLIAMS, JJ., concur.


SULLIVAN, J. P.

This appeal presents the issue of whether, in an action to recover payments allegedly due under work contracts with the Board of Education of the City of New York, a verdict in plaintiff's favor may stand in the face of posttrial evidence, not previously available, that plaintiff's principal had bribed a Board official to provide an interpretation of a contract specification that favored plaintiff...

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