Prote Contracting Co. v. Board of Education

— In an action, inter alia, for a judgment declaring that the plaintiff is not required to furnish materials as part of the contract price whenever the schedule specifications of the parties’ respective contracts describe the work to be performed by only the term "[ijnstall”, the plaintiff appeals from an order of the Supreme *524Court, Kings County (Rader, J.), dated April 22, 1986, which denied its motion for summary judgment and granted the defendant’s cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The defendant invited bids from contractors to perform window…