Master Coachman, Inc. v. Board of Education

OPINION OF THE COURT

Michael R. Juviler, J.

This action under CPLR article 78 raises questions as to the proper method for replacing services supplied pursuant to a city-wide contract for transportation of handicapped public school students, if the bus company defaults. Petitioner, another contractor, claims that the contract provides the method, without public bidding. Respondent Board of Education of the City of New York maintains that the contract does not apply and that new public bidding is required.

In 1979, the board of education, after public bidding pursuant to law, entered into a…