Abco Bus Co. v. Macchiarola

Hopkins, J. P., dissents and votes to reverse the judgment and to dismiss the proceeding on the merits, with the following memorandum:

A municipal contract subject to the requirements of public bidding must be awarded to the lowest responsible bidder (General Municipal Law, § 103). In determining the lowest bidder, the municipal agency charged with the function is rightfully concerned with the bidder’s responsibility—an elastic word which includes considerations of skill, judgment and integrity. Hence, the background of the bidder may be properly investigated by the municipal agency (Matter of…