Kelly v. Board of Education

In an action by a contractor to recover a balance alleged to be due on a contract for certain sanitary alterations in a public school, the appeal is from a judgment entered on an order granting respondent’s motion for summary judgment dismissing the complaint. The notice of appeal brings *857up for review the order granting summary judgment. Order and judgment affirmed, with $10 costs and disbursements, on the opinion of the Special Term. Wenzel, Acting P. J., Beldoek, Ughetta and Kleinfeld, JJ., concur; Murphy, J., dissents and votes to reverse the order and judgment and to deny the motion, with…