IN RE: Application of CIPRIETTI-TOLISANO ASSOCIATES (2000)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of CIPRIETTI-TOLISANO ASSOCIATES, INC., Petitioner-Appellant, For a Judgment, etc., v. David KARNOVSKY, etc., et al., Respondents-Respondents.

Decided: January 06, 2000

SULLIVAN, J.P., MAZZARELLI, WALLACH, RUBIN and ANDRIAS, JJ.

Howard R. Birnbach, for Petitioner-Appellant. Edward F.X. Hart, for Respondents-Respondents.

Judgment, Supreme Court, New York County (Franklin Weissberg, J.), entered on or about February 19, 1999, which denied petitioner's application to annul respondents' determination finding petitioner to be a nonresponsible bidder and rescinding a public contract awarded to it, and dismissed the petition, unanimously affirmed, without costs.

Respondents' rescission of the contract awarded to petitioner upon the ground that petitioner lacks financial and business integrity and therefore is not a responsible bidder is rationally supported by evidence of (i) petitioner's failure to disclose information about its taxes and corporate status in questionnaires that were required both before and after the contract was awarded (see, Matter of Nemco Constr. Corp. v. Sander, 247 A.D.2d 290, 668 N.Y.S.2d 461), and (ii) petitioner's lack of candor with respect to the ownership of the enterprise.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law