Varsity Transit, Inc. v. Saporita

Titone and Margett, JJ.,

dissent and vote to reverse the order insofar as appealed from, deny the board’s motion to dismiss and grant a preliminary injunction, with the following memorandum: At the center of this litigation are certain new bidding specifications for school bus contracts promulgated by defendant board of education, designed to become effective in September, 1979, which drastically differ from those contained in contracts successfully bid upon by plaintiff Varsity Transit, Inc. (Varsity), from 1965 to 1977. In our opinion, although inartfully drawn, Varsity’s complaint states…