In the Matter of the Petition of Merriam
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made June 11,1880, affirming an order of Special Term vacating an assessment upon lands of the petitioner for sewers in Boulevard and other streets in the city of Hew York. ' The objections raised and the facts pertinent thereto appear in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made June 11,1880, affirming an order of Special Term vacating an assessment upon lands of the petitioner for sewers in Boulevard and other streets in the city of Hew York. ' The objections raised and the facts pertinent thereto appear in the opinion. The effect of stating in the proposals certain prices for certain items is not to destroy competition, even as to those items, but simply to transfer it to those items which are directly submitted to competition. (Matter of the N. Y. Protestant Epis.…
1Opinion of the CourtMiller, J.
The principal objection urged against the validity of the assessment, which is the subject of review upon this appeal, is that the work was not contracted for and let to the lowest bidder as required by the charter and the ordinances of the common council of the city of Mew York —that is, that the items of rock excavation, foundation plank and sewer pipe were not submitted to competition, but a price was arbitrarily fixed therefor by the commissioner of public works. The charter of the city requires that contracts for work or supplies, except as provided, shall be made under such regulations…
2Cases cited14 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- People Ex Rel. Williams v. . DaytonNew York Court of Appeals · 1874
- Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
- People Ex Rel. Howlett v. Mayor & Common CouncilNew York Court of Appeals · 1875
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3Cited by31 opinions
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- Del Balso Construction Corp. v. City of New YorkNew York Court of Appeals · 1938
- Gage v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Abells v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1896
- Armaniaco v. CresskillNew Jersey Superior Court Appellate Division · 1960
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