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RAC GROUP v. NYC BD OF EDUC

21 A.D.3d 243 (2005)

799 N.Y.S.2d 559

R.A.C. GROUP, INC., et al., Respondents, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Defendants, and BRUCKNER LUMBER AND BUILDING SUPPLY CO., Appellant.

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

July 25, 2005.

Attorney(s) appearing for the Case

Louis R. Rosenthal, Brooklyn (Alexander M. Dudelson of counsel), for appellant.

Catafago Law Firm, P.C., New York City (Jacques Catafago of counsel), for respondents.

H. MILLER, J.P., RIVERA and SKELOS, JJ., concur.

OPINION OF THE COURT

COZIER, J.

The instant appeal presents an issue of first impression for this Court — whether a contract which violates New York City Charter § 2604 is unenforceable. At present, no trial or appellate court has addressed that issue. We find that under the circumstances presented, the subject contract is unenforceable for public policy reasons.

The plaintiff Robert Shahid...

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