Tridee Associates, Inc. v. New York City School Construction Authority

pealed from and grant the appellant’s motion for summary judgment dismissing the complaint insofar as asserted against it with the following memorandum: I respectfully dissent. In my view, the Board of Education of the City School District of the City of New York (hereinafter the Board) is entitled to summary judgment dismissing the complaint insofar as asserted against it in its entirety.

The first, second, and third causes of action to recover damages for breach of contract, an account stated, and reimbursement of interest, are precluded by the express terms of the lease between the Board…