Lew Morris Demolition Co. v. Board of Education

Coóke, J.

The issue here is whether a contractual period of limitations bars plaintiff’s claim for money due under the contract.

The facts are not in dispute. On October 18, 1956, plaintiff, Lew Morris Demolition Co., Inc., entered into an agreement with defendant, the Board of Education of the City of New York, for the performance of certain demolition work at P.S. No. 3, a public school site in Brooklyn, for $18,850. While work was in progress and in May of 1957, an employee of another contractor performing tasks at an adjacent building was struck by a brick and fatally injured. The…