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PROTE CONTRACTING CO., INC. v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

276 A.D.2d 309 (2000)

714 N.Y.S.2d 36

PROTE CONTRACTING CO., INC., Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 12, 2000.

This is an action to recover payments allegedly due under window installation contracts at various Queens schools. The Board of Education counterclaimed for breach of contract, alleging substantial premature deterioration of the windows and seeking damages therefor. At the first trial, a key issue was whether the contracts required plaintiff to use "back puttying" in the installation of the windows. This is a process that provides a seal between the wood and glass to prevent...

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