Vancom-New York, Inc. v. County of Nassau

Appellate Division of the Supreme Court of New York

Vancom-New York, Inc. v. County of Nassau

203 A.D.2d 581, 612 N.Y.S.2d 943, 1994 N.Y. App. Div. LEXIS 4252

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

DecidedApril 25, 1994

StatusPublished

Cited by2 cases

This text of 203 A.D.2d 581 (Vancom-New York, Inc. v. County of Nassau) 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

Vancom-New York, Inc. v. County of Nassau, 203 A.D.2d 581, 612 N.Y.S.2d 943, 1994 N.Y. App. Div. LEXIS 4252 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the County of Nassau, dated April 14, 1992, awarding a contract to Acme Bus Corp., the petitioner appeals from a judgment of the Supreme Court, Nassau County (Becker, J.), dated July 9, 1992, which dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

[582]*582We reject the petitioner’s contention that material variations existed between the bid specifications and the lowest bidder’s bid, such that the acceptance of the lowest bid disadvantaged the petitioner. Whether differences between the bid specifications and the bid itself were material or substantial was for the County to decide (see, Matter of Wilson Omnibus Corp. v Fallsburg Cent. School Dist., 167 AD2d 803; Matter of A&S Transp. Co. v County of Nassau, 154 AD2d 456). Further, there was a rational basis for the County to waive any irregularities in the low bidder’s bid, as it was in its best interest to do so (see, Matter of Clancy-Cullen Stor. Co. v Board of Elections, 98 AD2d 635). Accordingly, the County properly awarded the contract to the lowest bidder.

The petitioner’s remaining contentions are without merit. Thompson, J. P., Balletta, Pizzuto and Joy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a proceeding pursuant to CPLR article 78 to review a determination of the County of Nassau, dated April 14, 1992, awarding a contract to Acme Bus Corp., the petitioner appeals from a judgment of the Supreme Court, Nassau County (Becker, J.), dated July 9, 1992, which dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

[582]*582We reject the petitioner’s contention that material variations existed between the bid specifications and the lowest bidder’s bid, such that the acceptance of the lowest bid disadvantaged the petitioner. Whether differences between the bid specifications and the bid itself were material or substantial was for the County to decide (see, Matter of Wilson Omnibus Corp. v Fallsburg Cent. School Dist., 167 AD2d 803; Matter of A&S Transp. Co. v County of Nassau, 154 AD2d 456). Further, there was a rational basis for the County to waive any irregularities in the low bidder’s bid, as it was in its best interest to do so (see, Matter of Clancy-Cullen Stor. Co. v Board of Elections, 98 AD2d 635). Accordingly, the County properly awarded the contract to the lowest bidder.

The petitioner’s remaining contentions are without merit. Thompson, J. P., Balletta, Pizzuto and Joy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

203 A.D.2d 581, 612 N.Y.S.2d 943, 1994 N.Y. App. Div. LEXIS 4252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vancom-new-york-inc-v-county-of-nassau-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack