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LENZ HARDWARE, INC. v. BOARD OF EDUCATION OF VAN HORNESVILLE-OWEN D. YOUNG CENTRAL SCHOOL DISTRICT

24 A.D.3d 1278 (2005)

809 N.Y.S.2d 310

LENZ HARDWARE, INC., Appellant, v. BOARD OF EDUCATION OF VAN HORNESVILLE-OWEN D. YOUNG CENTRAL SCHOOL DISTRICT, Respondent.

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

December 22, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion for partial summary judgment dismissing the first and third causes of action of the complaint. Plaintiff commenced this action seeking damages for "extra" plumbing and electrical work it allegedly performed at the request of defendant's construction...

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