J. T. Falk & Co. v. State University Construction Fund

Appellate Division of the Supreme Court of New York

J. T. Falk & Co. v. State University Construction Fund

51 A.D.2d 911, 381 N.Y.S.2d 63, 1976 N.Y. App. Div. LEXIS 11575

Appellate Division of the Supreme Court of the State of New York·Decided March 4, 1976·Published

Opinion

Order and judgment (one paper), Supreme Court, New York County, entered June 2, 1975, which granted defendant’s motion to dismiss the complaint, is unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. We are unable to say that the defendant acted arbitrarily or capriciously in defining the bid specifications. That such specifications were not too vague to be understandable or to form a basis for competitive bidding would seem to be sufficiently established by the fact that there were actually eight bids, including plaintiff’s; that plaintiff’s bid was only about 5% more than the lowest bid, and that six of the eight bids were within a range of less than 10% of the low bid. Concur—Stevens, P. J., Birns, Silverman, Capozzoli and Lynch, JJ.

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Order and judgment (one paper), Supreme Court, New York County, entered June 2, 1975, which granted defendant’s motion to dismiss the complaint, is unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. We are unable to say that the defendant acted arbitrarily or capriciously in defining the bid specifications. That such specifications were not too vague to be understandable or to form a basis for competitive bidding would seem to be sufficiently established by the fact that there were actually eight bids, including plaintiff’s; that plaintiff’s bid was only about 5% more than the lowest bid, and that six of the eight bids were within a range of less than 10% of the low bid. Concur—Stevens, P. J., Birns, Silverman, Capozzoli and Lynch, JJ.

J. T. Falk & Co. v. State University Construction Fund, 51 A.D.2d 911, 381 N.Y.S.2d 63, 1976 N.Y. App. Div. LEXIS 11575 (N.Y. Ct. App. 1976).

Pincite

51 A.D.2d 911 (J. T. Falk & Co. v. State University Construction Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.