Buffalo Municipal Housing Authority v. Gross Plumbing & Heating Co.

Order and judgment unanimously reversed on the law without costs, motion denied and cross motion granted. Memorandum: Supreme Court erred by granting plaintiff’s motion for summary judgment, awarding plaintiff a judgment against defendant in the amount of the bid bond plus interest, costs and disbursements, and denying defendant’s cross motion for summary judgment rescinding the bid and cancelling the bid bond (see, City of Syracuse v Sarkisian Bros., 87 AD2d 984, affd 57 NY2d 618; Balaban-Gordon Co. v Brighton Sewer Dist. No. 2, 41 AD2d 246). When defendant computed the total amount of its…