Opinion
October 18, 1943.
Present — Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ. [ 179 Misc. 834.]
In an action to compel specific performance of a contract for the sale of real estate, judgment for the plaintiffs unanimously affirmed, with costs. Subdivision 10 of section 877 Educ. of the Education Law prohibits a board of education from incurring liability against the funds under its control "in excess of the amount appropriated or available therefor or otherwise authorized by law". This subdivision of the law reads in the disjunctive. It is not necessary, therefore, that funds be both appropriated and available to entitle a board to incur a liability for an authorized purpose. It is sufficient that, as is the case here, the funds have been appropriated.