Appellate Division of the Supreme Court of the State of New York November 9, 1981 (Board of Education v. Statewide Vending Corp.)

In consolidated actions to recover damages for breach of contract, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Mclnerney, J.), dated December *75518, 1980, as granted defendants’ motion in Action No. 1 for summary judgment, dismissing plaintiff’s complaint on the ground a condition precedent was not performed.