Board of Higher Education v. Bass & D'Alessandro Enterprises, Inc.

Kupferman, J. P., dissents in part in a memorandum as follows:

This case presents a classic example of the need for evenhanded justice.* In 1973, the plaintiff-respondent, Board of Higher Education in the City of New York, awarded a contract, after competitive bidding, to the defendant-appellant, to construct a prefabricated building structure on the Lehman College campus, in The Bronx, for use as a nurses’ educational college center. The building was of a type that could be easily dismantled. The arrangement was a lease agreement under which the board was a lessee and agreed to pay to the…