Cal's Gear & Auto Parts, Inc. v. City of Rome

— Judgment unanimously reversed, with costs, petition granted in accordance with memorandum, and matter remitted to respondent city for further proceedings, in accordance with the following memorandum: Petitioner appeals from a judgment which, following a Bench trial, dismissed its CPLR article 78 proceeding seeking to annul and set aside a contract awarded *968by respondent City of Rome (City) to respondent David Hyatt (Hyatt) for the purchase of landfill cover material. In January, 1982 the City advertised for bids of approximately 25,000 cubic yards of sand to be used as landfill cover. The…