V. C. Vitanza Sons v. Murray

In this article 78 proceeding, an unsuccessful bidder for a public contract attacks the award of the bid to another.

Petitioner’s base bid to perform certain alterations at Auburn Correctional Facility was $54,545 and the bid specified that, if the work described in "Alternate 1” was omitted, there might be subtracted from the base bid the sum of $4,546 for a net bid of $49,999. The respondent Dominick Dan Alonzo, Inc., submitted a base bid of $53,890 with the stipulation that, if the said alternate work was deleted, there might be deducted therefrom the sum of $3,200 for a net hid of $50,690.…