Glen Truck Sales & Service, Inc. v. Sirignano

This is a proceeding under article 78 of the Civil Practice Act in which the petitioner, an unsuccessful bidder, seeks an order (1) directing the respondent members of the Board of Estimate of the City of Mount Vernon to annul and rescind a resolution accepting the bid of the respondent, Atlas Equipment Sales, Division of Atlas Engine Rebuilders, Inc., and (2) directing the board to accept the bid of the petitioner, Grlen Truck Sales & Service, Inc.

The respondents moved to dismiss the petition as being insufficient as a matter of law. The motion came on to be heard before Mr. Justice Hopkins,…