Appellate Division of the Supreme Court of New York, 1962

Daniel J. Rice, Inc. v. Board of Education

Daniel J. Rice, Inc. v. Board of Education
Appellate Division of the Supreme Court of New York · Decided March 26, 1962
15 A.D.2d 958; 226 N.Y.S.2d 946; 1962 N.Y. App. Div. LEXIS 10806
Daniel J. Rice, Inc. v. Board of Education

Opinion of the Court

In our opinion, there was a substantial factual basis for the making of the subject resolution (cf. Matter of Caristo Constr. Corp. v. Rubin, supra; Matter of Kayfield Constr. Corp. v. Morris, 15 A D 2d 373), hence the court may not substitute its judgment for that of the Board of Education (Matter of Diocese of Rochester v. Planning Bd., 1 N Y 2d 508, 520). No issues of fact were considered. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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