Legal Opinion

Verblaw Motor Truck Sales, Inc. v. Town of Olean

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1984PublishedCited by 2 opinions

1Opinion of the Court

Judgment unanimously affirmed, without costs. Memorandum: It was proper to dismiss this CPLR article 78 proceeding brought by petitioner, the low bidder, seeking a judgment annulling the respondent town’s award of a contract for the purchase of a dump truck to respondent Buffalo Truck Sales & Service, Inc. There was a rational basis for the decision to reject petitioner’s bid on the ground of failure to *1074conform to the specifications (see Le Cesse Bros. Contr. v Town Bd., 62 AD2d 28, 31, affd 46 NY2d 960; Matter of Rockland Haulage v Village of Upper Nyack, 13 AD2d 819), and thus the…

2Cases cited7 opinions

  1. Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
  2. Le Cesse Bros. Contracting, Inc. v. Town Bd. of the Town of WilliamsonNew York Court of Appeals · 1979
  3. Allen v. EberlingAppellate Division of the Supreme Court of the State of New York · 1965
  4. Carroll-Ratner Corp. v. City Manager of New RochelleNew York Supreme Court · 1967
  5. Warren Bros. v. CranerAppellate Division of the Supreme Court of the State of New York · 1968

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3Cited by2 opinions

  1. Woods Advertising, Inc. v. KochAppellate Division of the Supreme Court of the State of New York · 1991
  2. Seneca Mineral Co. v. County of ChautauquaDistrict Court, W.D. New York · 1992

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