Flower City Insulation Sales & Contractors, Inc. v. Board of Education

— Cross appeal unanimously dismissed without costs and otherwise order affirmed. Memorandum: The parties entered into a contract for asbestos removal work to be performed by plaintiff at defendant’s elementary schools. On August 2, 1988, 11 days before plaintiff’s work was to have been completed under the contract, a fire occurred in the gymnasium at the Gorham Elementary School. Plaintiff cleaned up and repaired the fire damage before completing its asbestos removal work. When defendant rejected plaintiff’s claims for payment of expenses incurred in repairing the fire *1019damage and the…