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

Appellate Division of the Supreme Court of New York

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

15 A.D.2d 958, 226 N.Y.S.2d 946, 1962 N.Y. App. Div. LEXIS 10806

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 26, 1962

StatusPublished

This text of 15 A.D.2d 958 (Daniel J. Rice, Inc. v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daniel J. Rice, Inc. v. Board of Education, 15 A.D.2d 958, 226 N.Y.S.2d 946, 1962 N.Y. App. Div. LEXIS 10806 (N.Y. Ct. App. 1962).

Pincite

Opinion

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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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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Bluebook (online)

15 A.D.2d 958, 226 N.Y.S.2d 946, 1962 N.Y. App. Div. LEXIS 10806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-j-rice-inc-v-board-of-education-nyappdiv-1962.