Corbeau Construction Corp. v. Board of Education, Union Free School District No. 9, Town of Greenburgh

32 A.D.2d 958, 302 N.Y.S.2d 940 (1969)

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Corbeau Construction Corp. v. Board of Education, Union Free School District No. 9, Town of Greenburgh

New York Supreme Court, Appellate Division
32 A.D.2d 958, 302 N.Y.S.2d 940 (1969)

Facts

Corbeau Construction Corporation (Corbeau) (plaintiff) performed construction work for the Board of Education, Union Free School District No. 9, Town of Greenburgh (board) (defendant) pursuant to a contract. Corbeau filed a petition pursuant to Civil Practice Law and Rules (CPLR) Article 78 against the board, seeking payment for certain work Corbeau allegedly performed under the contract. In April 1967, the court ruled that Corbeau’s requested remedy was unavailable and inappropriate in an Article 78 proceeding. Nevertheless, Corbeau filed a second Article 78 proceeding against the board in which Corbeau sought a mandamus order requiring the board to pay Corbeau. The supreme court dismissed Corbeau’s second petition. Corbeau appealed.

Rule of Law

Issue

Holding and Reasoning ()

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