Legal Opinion · Dissent

Associated Builders & Contractors, Inc. v. City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1985Published

1Dissent

Doerr, J. (dissenting).

I respectfully dissent. In my view, the ordinance, which grants a preference to bidders having apprenticeship training programs, impermissibly impinges upon New York’s competitive bidding statute for municipalities (General Municipal Law § 103).

The purpose behind the competitive bidding statute is set forth in General Municipal Law § 100-a, providing that the article dealing with public contracts shall be construed "so as to assure the prudent and economical use of public moneys for the benefit of all the inhabitants of the state and to facilitate the acquisition of…

2Cases cited13 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. Action Electrical Contractors Co. v. GoldinNew York Court of Appeals · 1984
  5. American Institute for Imported Steel, Inc. v. Office of General ServicesAppellate Division of the Supreme Court of the State of New York · 1975

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