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McCRAE v. CITY OF NEW YORK

44 A.D.3d 370 (2007)

843 N.Y.S.2d 232

RENEE McCRAE et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Respondents, and KAPLAN, INC., Appellant-Respondent.

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

Decided October 9, 2007.

The Requirements Agreement for Supplemental Services to Eligible Students, entered into between Kaplan and the City, provides that services are to be provided only during nonschool hours, and the Standard Operating Procedures for Schools, part of the City's Extended Use of School Buildings rules with which Kaplan expressly agreed to comply when it executed the Permit Application (for use of) School Buildings, provides that "[o]rganizations...

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