Legal Opinion
AAA Carting & Rubbish Removal, Inc. v. Town of Southeast
New York Court of Appeals
Decided June 9, 2011No. 111PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this CPLR article 78 proceeding to annul a determination of a town board, the question presented is whether the town board acted arbitrarily and capriciously and in violation of law in awarding a public bidding contract to other than the lowest responsible bidder. We conclude that General Municipal Law § 103 and Town Law § 122 preclude a town, in an open bidding process, from choosing a higher bid merely because it subjectively believes that a higher bidder is preferable and more responsible than a lower bidder based on criteria not set forth in the bidding…
2Cases cited10 opinions
- Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
- Conduit & Foundation Corp. v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1985
- New York State Chapter, Inc. v. New York State Thruway AuthorityNew York Court of Appeals · 1996
- Diamond Asphalt Corp. v. SanderNew York Court of Appeals · 1998
- DeFoe Corp. v. New York City Department of TransportationNew York Court of Appeals · 1996
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- The Matter of ACME Bus Corp. v. Orange CountyNew York Court of Appeals · 2016
- Matter of Baumann & Sons Buses, Inc. v. Ossining Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of AAA Carting & Rubbish Removal, Inc. v. Town of ClarkstownAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Hello Alert, Inc. v. East Moriches Fire Dist.Appellate Division of the Supreme Court of the State of New York · 2015
- Brower v. New York City Department of EducationNew York Supreme Court · 2012
16 more not listed; retrieve them via the Exa API.