Court of Appeals of New York
In the Matter of AAA Carting and Rubbish Removal, Inc., 111
In an Article 78 proceeding challenging a contract award by defendant-municipality, judgment of the appellate division is reversed where General Municipal Law section 103 and Town Law section 122 preclude defendant, in an open bidding process, from choosing a higher bid merely because it subjectively believes that a higher bidder is preferable and more responsible than a lower bidder based on criteria not set forth in the bidding proposal.
Appellate Information
- Decided 06/09/2011
- Published 06/09/2011
Judges
- CIPARICK
Court
- Court of Appeals of New York
Counsel
- For Appellant:
- John D. D'Ercole, Gerald Padian