Cataract Disposal, Inc. v. Town Board
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
We hold that a municipality may, under certain circumstances, treat a cash deposit accompanied by a suitable indemnity agreement as satisfying a requirement in a bid specification that the successful bidder furnish a “performance bond”. In so holding, we note that a bid specification calling for a “performance bond” does not necessarily require the involvement of a third-party surety.
In the latter half of 1978, respondent, the Town Board of Newfane, advertised for bids for a refuse collection contract to cover a three-year period of time. Among the stated bid…
2Cases cited3 opinions
- Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
- Le Cesse Bros. Contracting, Inc. v. Town Bd. of the Town of WilliamsonNew York Court of Appeals · 1979
- Extruded Louver Corp. v. McNultyNew York Supreme Court · 1962
3Cited by20 opinions
- E. Williamson Roofing & Sheet Metal Co. v. Town of ParishAppellate Division of the Supreme Court of the State of New York · 1988
- Varsity Transit, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
- Jerkens Truck & Equipment, Inc. v. City YonkersAppellate Division of the Supreme Court of the State of New York · 1992
- WBP Central Associates, LLC v. DeColaAppellate Division of the Supreme Court of the State of New York · 2012
- Hungerford & Terry, Inc. v. Suffolk County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
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