Environmental Safety & Control Corp. v. Auburn Enlarged City School District

Appellate Division of the Supreme Court of New York

Environmental Safety & Control Corp. v. Auburn Enlarged City School District

167 A.D.2d 876, 561 N.Y.S.2d 972, 1990 N.Y. App. Div. LEXIS 14434

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

DecidedNovember 16, 1990

StatusPublished

This text of 167 A.D.2d 876 (Environmental Safety & Control Corp. v. Auburn Enlarged City School District) 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

Environmental Safety & Control Corp. v. Auburn Enlarged City School District, 167 A.D.2d 876, 561 N.Y.S.2d 972, 1990 N.Y. App. Div. LEXIS 14434 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiff’s motion for summary judgment on its complaint, which seeks a return of its bid security in the sum of $70,530, together with interest. We disagree with defendant’s contention that plaintiff forfeited its bid security notwithstanding that defendant, within 45 days after the formal bid opening, awarded and executed a contract for the subject work to another bidder. Accordingly, pursuant to the language of subparagraph 4.2.3 of the supplementary instructions to bidders, defendant was obligated to return plaintiff’s bid security "within forty-eight (48) hours after [defendant] and the accepted Bidder have executed the Contract”. (Appeal from order of Supreme Court, Cayuga County, Contiguglia, J.— summary judgment.) Present—Denman, J. P., Green, Balio, Lawton and Davis, JJ.

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Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiff’s motion for summary judgment on its complaint, which seeks a return of its bid security in the sum of $70,530, together with interest. We disagree with defendant’s contention that plaintiff forfeited its bid security notwithstanding that defendant, within 45 days after the formal bid opening, awarded and executed a contract for the subject work to another bidder. Accordingly, pursuant to the language of subparagraph 4.2.3 of the supplementary instructions to bidders, defendant was obligated to return plaintiff’s bid security "within forty-eight (48) hours after [defendant] and the accepted Bidder have executed the Contract”. (Appeal from order of Supreme Court, Cayuga County, Contiguglia, J.— summary judgment.) Present—Denman, J. P., Green, Balio, Lawton and Davis, JJ.

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Bluebook (online)

167 A.D.2d 876, 561 N.Y.S.2d 972, 1990 N.Y. App. Div. LEXIS 14434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/environmental-safety-control-corp-v-auburn-enlarged-city-school-nyappdiv-1990.