Foiltec v. State University Construction Fund
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Lahtinen, J.(1) Appeal from a judgment of the Supreme Court (McDonough, J.), entered September 28, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motions to dismiss the petition, and (2) motion to dismiss appeal.
Respondent State University Construction Fund solicited bids for a project that included constructing extensive skylights using a technology known as ETFE (ethylene tetrafluoroethylene). The Fund’s specifications required that the contractor have the ETFE installed by one of three approved companies, including petitioner Vector Foiltec,…
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