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IN RE: OLY BUS CORP., Petitioner-Appellant, v. The CONTRACT DISPUTE RESOLUTION BOARD OF the CITY OF NEW YORK, et al., Respondents-Respondents.
Judgment, Supreme Court, New York County (Marilyn Shafer, J.), entered September 8, 2006, which, insofar as appealed from as limited by the briefs, denied the petition and dismissed the CPLR article 78 proceeding to the extent that it sought to modify the determination of respondent Board, dated July 5, 2005, awarding petitioner $13,873.60 and denying pre-determination interest, unanimously affirmed, without costs.
Respondent properly calculated the award on a quantum meruit basis, and refused to base its calculation on the unsuccessful bid by a different bidder on a different contract that had been rescinded (see Najjar Indus. v. City of New York, 87 A.D.2d 329, 331-332, 451 N.Y.S.2d 410 [1982], affd. 68 N.Y.2d 943, 510 N.Y.S.2d 82, 502 N.E.2d 997 [1985] ). The denial of pre-determination interest was also appropriate because absent a specific statutory provision or clear policy from which the intent to authorize it may be discerned, there is no basis for an award of interest (see Matter of Bello v. Roswell Park Cancer Inst., 5 N.Y.3d 170, 800 N.Y.S.2d 109, 833 N.E.2d 252 [2005] ).
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Decided: December 27, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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