# Bank v. Board of Education

> New York Court of Appeals · March 5, 1953 · 305 N.Y. 119

URL: https://www.frixlaw.com/law-library/cases/5482533

## Case

- **Full name:** Meyer Bank, Copartners Doing Business under the Name of Bank Electric Co. v. Board of Education of the City of New York
- **Court:** New York Court of Appeals
- **Decided:** March 5, 1953
- **Citations:** 305 N.Y. 119
- **Precedential status:** Published
- **Opinion:** Dissent by Desmond
- **Judges:** Desmond, Lewis
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5482533

## Opinion text

Desmond, J.
(dissenting). I dissent and vote to affirm on both grounds set forth in the majority opinion of the Appellate Division: first, that there was no proof of any fraud, actual or constructive, and, second, that there was no proof that the board’s conduct caused any damage to plaintiffs. As to fraud or misrepresentation, I call attention, particularly, to these two undisputed facts: first, that the board not only did not agree to let all the contracts simultaneously but expressly reserved the right to reject any and all bids, and, second, that before the contract was signed by plaintiffs, they were on notice, from proceedings of both the board of estimate and the board of education, that two contracts only were to be let, at that time.
Loxjghran, Ch. J., Conway, Dye, Ftjld and Froessel, JJ., concur with Lewis, J.; Desmond, J., dissents in opinion.
Judgments reversed, etc.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5482533. Public record. Not legal advice.