City of Kingston v. Bank
| Decision Date | 23 February 1962 |
| Citation | 45 Misc.2d 176,256 N.Y.S.2d 276 |
| Parties | The CITY OF KINGSTON, Plaintiff, v. Sam BANK, doing business as Bank Brothers, and The Board of Education of the City School District of the City of Kingston, New York, Defendants. |
| Court | New York Supreme Court |
Harry Gold, Corp. Counsel, Kingston, for plaintiff.
Thomas J. Plunket, Kingston, for defendant, Bank.
Cook & Cook, Kingston, for defendant, Board of Education.
This is a motion by the plaintiff for an order pendente lite 'restraining the defendant Sam Bank from doing plumbing work within the City of Kingston and specifically in connection with the construction of the Mary's Avenue School, and restraining the Board of Education of the City School District of the City of Kingston from contracting with or employing any person or firm not having a Certificate of Competency to do any plumbing work in any of the schools in the City of Kingston.' The motion was returnable at the above Special Term and was referred to me by the Justice presiding thereat. The defendant, Board of Education, has made a cross-motion for an order dismissing the complaint.
It appears that the defendant Bank on December 7, 1961 was awarded by the defendant, Board of Education, the plumbing contract in the construction of Mary's Avenue School in the City of Kingston. Thereafter the defendant Bank who resides in Ulster County but is not a resident of the City of Kingston applied to be examined by the Examining Board of Plumbers in said city that he might be granted a certificate of competency as required by section 1 of the Plumbing Code of the City. The defendant Bank failed to pass such examination.
The construction of the school and the plumbing work is now proceeding.
The defendants contend that the construction of such school is governed by the provisions of sections 408 and 409 of the Education Law and that such sections place such school construction entirely within the jurisdiction of the Commissioner of Education and the local school boards and thereby beyond the licensing requirements of the City of Kingston with respect to the plumbing contract.
It is conceded that the plans and specifications were prepared in accordance with the provisions of sections 408 and 409 of the Education Law. It is contended and not denied that the architects engaged by the Board of Education of the City of Kingston have submitted to Charles J. Kelly, the plumbing inspector of the City of Kingston, the plans and specifications. It is also conceded without contradiction that the specifications provide that inspections of the work are to be made by the plumbing inspector of the City of Kingston as well as by the architects. Article IV, sections 40 through 57, both inclusive, of the General City Law provide for the establishment in cities of an examining board of plumbers and prescribe the duties which the plumbing inspector shall perform, as well as the requirement for the licensing of plumbers working within a City. No contention is made with respect to...
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