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


304 A.D.2d 358 (2003)

759 N.Y.S.2d 4

VARSITY TRANSIT, INC., et al., Appellants-Respondents, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent-Appellant.

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

Decided April 8, 2003.


The motion court, in granting plaintiffs' motion for summary judgment, properly determined that defendant Board of Education utilized an improper calculation to determine if plaintiffs were entitled to a suspension of part or all of the Board's 2% prompt payment discount based on increased insurance costs. Neither the language of the contract nor the undisputed purpose of the suspension provisions, i.e., to provide relief to contractors where insurance costs for their matrons...

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