MATTER OF GYM DOOR REPAIRS, INC. v. NEW YORK CITY DEPARTMENT OF EDUCATION

516661

112 A.D.3d 1198 (2013)

977 N.Y.S.2d 478

2013 NY Slip Op 8496

In the Matter of GYM DOOR REPAIRS, INC., et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 19, 2013.


LAHTINEN, J.

Appeal from a judgment of the Supreme Court (Lynch, J.), entered May 9, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition.

In 2001, the Legislature enacted Education Law § 409-f, requiring schools within the state to equip electronically operated partitions with safety devices (L 2001, ch 217). Petitioners manufacture...

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