Atlantic Tug & Equipment Co.v. Town of Tonawanda

Judgment unanimously affirmed, without costs. Memorandum: In this article 78 proceeding Special Term denied petitioner-appellant’s application for judgment directing respondent town to award a contract to petitioner for the purchase of a diesel tractor. Petitioner was the lowest of three bidders. Respondent town awarded the contract to the second low bidder, rejecting petitioner’s bid because of failure to comply with bid specifications. It is undisputed that petitioner’s bid did contain six variations from the specifications. The record demonstrates that respondent town in good faith gave…