In re Huff Enterprises, Inc.

Appellate Division of the Supreme Court of New York

In re Huff Enterprises, Inc.

205 A.D.2d 378, 613 N.Y.S.2d 385, 1994 N.Y. App. Div. LEXIS 6313

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 1994·Published

Opinion

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered May 14, 1993, which dismissed petitioner’s CPLR article 78 application to vacate and annul respondent’s denial of petitioner’s request to withdraw its bid to rehabilitate two properties owned by the City, unanimously affirmed, without costs.

Since petitioner failed to submit adequate evidence to show that the alleged unilateral mistake was due to arithmetical or clerical error, respondent properly refused petitioner’s request to withdraw its bid (see, Matter of G & R Elec. Contrs. v Egan, 85 AD2d 191, 193).

Petitioner’s remaining contentions are improperly raised for the first time on appeal, and, in any event, are meritless. Concur—Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Tom, JJ.

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Order, Supreme Court, New York County (Leland DeGrasse, J.), entered May 14, 1993, which dismissed petitioner’s CPLR article 78 application to vacate and annul respondent’s denial of petitioner’s request to withdraw its bid to rehabilitate two properties owned by the City, unanimously affirmed, without costs.

Since petitioner failed to submit adequate evidence to show that the alleged unilateral mistake was due to arithmetical or clerical error, respondent properly refused petitioner’s request to withdraw its bid (see, Matter of G & R Elec. Contrs. v Egan, 85 AD2d 191, 193).

Petitioner’s remaining contentions are improperly raised for the first time on appeal, and, in any event, are meritless. Concur—Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Tom, JJ.

In re Huff Enterprises, Inc., 205 A.D.2d 378, 613 N.Y.S.2d 385, 1994 N.Y. App. Div. LEXIS 6313 (N.Y. Ct. App. 1994).

Pincite

205 A.D.2d 378 (In re Huff Enterprises, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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