Mulligan v. Lackey

Judgment and order affirmed, with costs. Memorandum: When this article 78 proceeding was before us previously (33 A D 2d 991) we directed that answers be filed and ordered that a trial of the issues be had forthwith. This has been accomplished and the substantive issues are now before us for review. Appellant’s contention that the award of the contract to respondent Albert Elia Building Company, Inc., on October 28, 1969 was in violation of section 801 of the General Municipal Law, finds no support in the record. When an earlier contract was awarded *733on August 28, 1969, Fred Sebastian who was…