Legal Opinion

Sinram-Marnis Oil Co. v. City of New York

New York Court of Appeals

Decided July 6, 1989PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Wachtler.

In this dispute between a fuel oil supplier and the City of New York concerning a public contract, the supplier seeks to establish that it is entitled to charge the city for gross receipt taxes imposed on the sales, though the tax was not included in its original bid price. We conclude that, in this competitive bidding context, plaintiff was precluded from modifying its bid *16to include the right to charge the tax as a separate line item and, not having withdrawn its original bid prior to being awarded the contract, it is bound by the terms of the…

2Cases cited5 opinions

  1. Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
  2. Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
  3. Le Cesse Bros. Contracting, Inc. v. Town Bd. of the Town of WilliamsonNew York Court of Appeals · 1979
  4. Burnside Coal & Oil Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  5. Manhattan & Queens Fuel Corp. v. Village of Rockville CentreNew York Court of Appeals · 1988

3Cited by5 opinions

  1. Smith v. Intergovernmental Solid Waste Disposal Ass'nAppellate Court of Illinois · 1992
  2. Lake Construction & Development Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  3. Transactive Corp. v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1997
  4. Diamond "D" Construction Corp. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1994
  5. Seville Construction, Inc. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998

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