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VARSITY TRANSIT, INC. v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

300 A.D.2d 38 (2002)

752 N.Y.S.2d 603

VARSITY TRANSIT, INC., Respondent, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

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

Decided December 5, 2002.

Plaintiff operates school buses. Its 1979 contract with the Board of Education has been extended regularly by the Board pursuant to statutory authority. A 1992 change in the Board's methods of calculating increases in payment led to suits by plaintiff and 47 other school bus operators. Plaintiff, in its suit, the present action, alleged five causes of action. The first four opposed the change in the method employed to calculate payment increases. The fifth focused on a 1991...

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