Legal Opinion
Kelly v. Board of Education
New York Supreme Court
Decided December 5, 1957PublishedCited by 4 opinions
1Opinion of the CourtBenjamin Brenner, J.
In this action to recover moneys allegedly due plaintiff for work, labor and services performed pursuant to a written contract, defendant moves for summary judgment.
After a public bid plaintiff, on October 27, 1947, entered into a written contract with the defendant, as one of four contractors, for the modernization of the toilet facilities at Public School 164. It provided that plaintiff receive $60,089 if the work be satisfactorily completed within 120 consecutive calendar days after notification to start. The contract further provided that failure to complete within the schedule time would…
2Cases cited3 opinions
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- Mohrmann v. KobNew York Supreme Court · 1944
3Cited by4 opinions
- Melwood Construction Corp. v. StateNew York Court of Claims · 1984
- City of Rye v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1973
- Kelly v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1959
- Joint Industry Board of Painting v. KaplanCivil Court of the City of New York · 1971