T.P.K. Construction Corp. v. O'Shea
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mahoney, P. J.
In this proceeding, a contractor challenges the refusal by the State Office of General Services to rescind its bid due to its unilateral mistake, and seeks to recover its bid deposit. Essentially, petitioner’s argument is one of equity and, as such, has been judicially recognized where the mistake made by the bidder can be objectively established and where it does not evolve from an inherent risk of business (Balaban-Gordon Co. v Brighton Sewer Dist. No. 2, 41 AD2d 246, 251). Courts have granted rescission where an incorrect interpretation of the contract…
2Cases cited12 opinions
- Psaty v. DuryeaNew York Court of Appeals · 1954
- Glassman v. GlassmanNew York Court of Appeals · 1956
- Abner M. Harper, Inc. v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1913
- Balaban-Gordon Co. v. Brighton Sewer District No. 2Appellate Division of the Supreme Court of the State of New York · 1973
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
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3Cited by9 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- People v. Abbott Manor Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1979
- Broadway—111th Street Associates v. MorrisAppellate Division of the Supreme Court of the State of New York · 1990
- Dominick Dan Alonzo, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Albany Housing Authority v. HennessyAppellate Division of the Supreme Court of the State of New York · 1980
4 more not listed; retrieve them via the Exa API.