A. J. Beaudette Construction Co. v. City of Syracuse

This is an application, pursuant to CPLB, article 78, seeking to restrain the respondent City of Syracuse from awarding a contract to O’Brien Construction Co., Inc., for the reconstruction of a burned-out portion of the stands and facilities of the city-owned athletic field, MacArthur Stadium. The petitioner, A. J. Beaudette Construction Co., Inc., also asks that it be awarded the contract in question.

The facts as they have been presented in the papers and in the oral argument are not in dispute.

The baseball stadium located in, and owned by, the City of Syracuse was extensively damaged by a…