Legal Opinion

Cataract Disposal, Inc. v. Town Board

New York Court of Appeals

Decided June 16, 1981PublishedCited by 20 opinions

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

  1. Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
  2. Le Cesse Bros. Contracting, Inc. v. Town Bd. of the Town of WilliamsonNew York Court of Appeals · 1979
  3. Extruded Louver Corp. v. McNultyNew York Supreme Court · 1962

3Cited by20 opinions

  1. E. Williamson Roofing & Sheet Metal Co. v. Town of ParishAppellate Division of the Supreme Court of the State of New York · 1988
  2. Varsity Transit, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
  3. Jerkens Truck & Equipment, Inc. v. City YonkersAppellate Division of the Supreme Court of the State of New York · 1992
  4. WBP Central Associates, LLC v. DeColaAppellate Division of the Supreme Court of the State of New York · 2012
  5. Hungerford & Terry, Inc. v. Suffolk County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2004

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