Legal Opinion

Albert Elia Building Co. v. Village of Brocton

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1981Published

1Opinion of the Court

Judgment unanimously affirmed, with costs. Memorandum: In May, 1981, respondent village advertised for bids for the construction of a waste water treatment plant. The village has been awarded a Federal grant under the Federal Water Pollution Control Act (US Code, tit 33, § 1251 et seq., as amd) which will meet 75% of the cost of construction of the project. As required by Federal regulation (40 CFR 35.938-4 [c] [5]), the notice to bidders contained statements that “[a]ny contract or contracts awarded under this invitation for bids are expected to be funded inpart [sic] by a grant from the U.…

2Cases cited7 opinions

  1. Young Men's Christian Ass'n v. Rochester Pure Waters DistrictNew York Court of Appeals · 1975
  2. Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
  3. Le Cesse Bros. Contracting, Inc. v. Town Bd. of the Town of WilliamsonNew York Court of Appeals · 1979
  4. Quaker Oats Co. v. City of New YorkNew York Court of Appeals · 1946
  5. Hill Packing Co. v. City of New YorkSupreme Court of the United States · 1947

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