Dart Mechanical Corp. v. New York City Office of Administrative Trials & Hearings Contract Dispute Resolution Board

Appellate Division of the Supreme Court of New York

Dart Mechanical Corp. v. New York City Office of Administrative Trials & Hearings Contract Dispute Resolution Board

57 A.D.3d 263, 868 N.Y.2d 204

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

DecidedDecember 9, 2008

StatusPublished

This text of 57 A.D.3d 263 (Dart Mechanical Corp. v. New York City Office of Administrative Trials & Hearings Contract Dispute Resolution Board) 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

Dart Mechanical Corp. v. New York City Office of Administrative Trials & Hearings Contract Dispute Resolution Board, 57 A.D.3d 263, 868 N.Y.2d 204 (N.Y. Ct. App. 2008).

Pincite

Opinion

The petition was properly dismissed where the contract did not include an escalator clause or other provision for additional compensation, and the Board rationally found (see Secco Elec. Corp. v Kalikow, 13 AD3d 252 [2004], lv denied 5 NY3d 702 [2005]) that the Department of Sanitation did not breach either the contract provision or the Procurement Policy Board’s rules [264]*264regarding procurement and substitution of sole source items. Concur—Tom, J.P., Gonzalez, Nardelli, Moskowitz and Renwick, JJ.

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The petition was properly dismissed where the contract did not include an escalator clause or other provision for additional compensation, and the Board rationally found (see Secco Elec. Corp. v Kalikow, 13 AD3d 252 [2004], lv denied 5 NY3d 702 [2005]) that the Department of Sanitation did not breach either the contract provision or the Procurement Policy Board’s rules [264]*264regarding procurement and substitution of sole source items. Concur—Tom, J.P., Gonzalez, Nardelli, Moskowitz and Renwick, JJ.

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Bluebook (online)

57 A.D.3d 263, 868 N.Y.2d 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dart-mechanical-corp-v-new-york-city-office-of-administrative-trials-nyappdiv-2008.