Mathalia Motors, Inc. v. City of Oneida

OPINION OF THE COURT

Howard A. Zeller, J.

Petitioner Mathalia Motors, Inc. seeks a judgment pursuant to CPLR article 78 annulling the award of a towing contract by respondent City of Oneida to Vic Novell Motors, Inc.

On July 18, 1980 respondent City of Oneida (the City) advertised in the Oneida Daily Dispatch for towing services. Petitioner Mathalia Motors, Inc. (Mathalia) and Vic Novell Motors, Inc. (Novell) were the only bidders. Mathalia alleges that despite the fact that its bid was lower than the bid of Novell, the contract was awarded to Novell. Mathalia also alleges that Novell’s bid did…