Nager Electric Co. v. Office of General Services

Petitioner, a member of a joint adventure, is an unsuccessful bidder for a contract for electrical work at the Albany South Mall Project, Albany, New York (hereinafter called the ‘‘ South Mall Project ”). In this proceeding pursuant to article 78 of the CPLR, it seeks to permanently restrain respondents from entering into a contract for the electrical work in question and to require the award of the contract to petitioner and its associates. It is the petitioner’s contention that since the respondent Fehlhaber Corp., a member of the joint adventure that was the successful bidder, is not a…