Legal Opinion

Diamond Asphalt Corp. v. Sander

New York Court of Appeals

Decided July 9, 1998PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

Two interrelated law questions are presented on this appeal. Does private utility interference work constitute “public work” under General Municipal Law § 103 (1), when municipalities determine the “lowest responsible bidder” by combined assessment of amounts bid for utility interference work and street reconstruction work? Additionally, in satisfaction of General Municipal Law § 103 (1), does bypass contractor selection authority survive solely as the Mayor’s responsibility, under revised New York City Charter § 313 (b) (2)? We answer both questions in the…

2Cases cited12 opinions

  1. Board of Estimate of City of New York v. MorrisSupreme Court of the United States · 1989
  2. Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
  3. MTR. OF CONS. EDISON CO. v. LindsayNew York Court of Appeals · 1969
  4. Citiwide News, Inc. v. New York City Transit AuthorityNew York Court of Appeals · 1984
  5. New York Telephone Co. v. City of BinghamtonNew York Court of Appeals · 1966

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3Cited by24 opinions

  1. AAA Carting & Rubbish Removal, Inc. v. Town of SoutheastNew York Court of Appeals · 2011
  2. Matter of B.Z. Chiropractic, P.C. v. Allstate Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021
  3. People v. GrassoAppellate Division of the Supreme Court of the State of New York · 2007
  4. Cologne Life Reinsurance Co. v. Reinsurance (North America), Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  5. City of New York v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2000

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