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 *1028the Board of Estimate of the City of Mount Vernon (hereinafter called “Board”) to annul and rescind a resolution accepting the bid of the respondent Atlas Equipment Sales, Division of Atlas Engine Rebuilders, Inc. (hereinafter called “Atlas”); and (2) directing the Board to accept the bid of the petitioner. Both respondents have moved to dismiss the petition on the ground that it is insufficient as a matter of law (Civ. Prac.…