Home/New York Court of Appeals/A. R. Fuels, Inc. v. City of New York

A. R. Fuels, Inc. v. City of New York

402 N.E.2d 1166, 49 N.Y.2d 749, 426 N.Y.S.2d 265, 1980 N.Y. LEXIS 2114
CourtNew York Court of Appeals
DecidedFebruary 7, 1980
StatusPublished
Cited by5 cases

This text of 402 N.E.2d 1166 (A. R. Fuels, Inc. v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A. R. Fuels, Inc. v. City of New York, 402 N.E.2d 1166, 49 N.Y.2d 749, 426 N.Y.S.2d 265, 1980 N.Y. LEXIS 2114 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Nothing in the wording of section 105 of the General Municipal Law proscribes the city’s acceptance of a condition permitting withdrawal of a bid after less than 45 days, nor has the city pointed to any legislative history so suggesting. Having so provided in its standard form of contract for some 30 years, the city can, as to future contracts, obviate any problem by amending its contract form. It cannot, however, impose such a change retroactively on plaintiff by contorting the words of the statute.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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Related

County of Suffolk v. United States
26 Cl. Ct. 924 (Court of Claims, 1992)
A. R. Fuels, Inc. v. City of New York
469 N.E.2d 524 (New York Court of Appeals, 1984)
A. R. Fuels, Inc. v. City of New York
83 A.D.2d 510 (Appellate Division of the Supreme Court of New York, 1981)

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Bluebook (online)
402 N.E.2d 1166, 49 N.Y.2d 749, 426 N.Y.S.2d 265, 1980 N.Y. LEXIS 2114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-r-fuels-inc-v-city-of-new-york-ny-1980.