Limitone v. Galgano

This is a proceeding under article 78 of the Civil Practice Act for an order in the nature of mandamus directing respondent, Village Board of Trustees of the Village of North Tarrytown, to rescind a certain contract for refuse and garbage removal within said village awarded to respondent, Thruway Carting, the second lowest bidder, and to award said contract to petitioners, the lowest bidder. Answers and a reply have been interposed and respondent Thruway cross-moves to dismiss the petition for legal insufficiency.

The record discloses that petitioners were concededly the lowest bidder for a…