Prote Contr. v. Bd. of Educ

Full title: PROTE CONTRACTING COMPANY, INC., Appellant, v. BOARD OF EDUCATION OF THE…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 6, 1987

132 A.D.2d 538 (N.Y. App. Div. 1987)

517 N.Y.S.2d 425

Opinion

July 6, 1987

Appeal from the Supreme Court, Kings County (Hutcherson, J.).

Ordered that the order is affirmed, with costs.

The plaintiff's claim that its contract to install windows in Fort Hamilton High School did not require it to install certain items such as glass in the windows as part of the contract price is belied by the explicit provisions of the contract. The plaintiff's claim has no merit and, for that reason, summary judgment was properly granted to the defendant (see, CPLR 3212; Merritt Hill Vineyards v. Windy Hgts. Vineyard, 61 N.Y.2d 106, 112). Rubin, J.P., Kooper, Spatt and Harwood, JJ., concur.