A. R. Fuels, Inc. v. City of New York

Kupferman, J. P., dissents in a memorandum as follows:

This matter has been previously before this court (72 AD2d 517, affd 49 NY2d 749). The plaintiff had submitted bids to furnish fuel oil to the city for a one-year period. It had, as this court and the Court of Appeals determined, the right to withdraw its bid. However, Special Term granted the city’s motion for summary judgment, declaring the withdrawal provision in violation of the General Municipal Law, and accordingly, while the matter was being litigated, for some eight months the appellant supplied fuel oil to the city at the contract…