Bank v. BD. OF EDUC. OF CITY OF NY

305 N.Y. 119 (1953)

Meyer Bank et al., Copartners Doing Business under the Name of Bank Electric Co., Appellants,

v.

Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Argued December 3, 1952.

Decided March 5, 1953

Nelson Rosenbaum for appellants.

Denis M. Hurley, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for respondent.

LOUGHRAN, Ch. J., CONWAY, DYE, FULD and FROESSEL, JJ., concur with LEWIS, J.; DESMOND, J., dissents in opinion.

LEWIS, J.

We are to determine whether actionable constructive fraud was proven by the plaintiffs in…