Cestone v. Evans
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtImrie, J.
This is an appeal from an order of Broome County Special Term denying the relief sought in a proceeding instituted under article 78 of the Civil Practice Act for an order directing the Elmira Town Board to award to petitioners a contract for constructing a sewer system and to abrogate the contract made with Di Marco and Ciccone, Inc.
The bidders involved here will be referred to, respectively, as Cestone and Di Marco.
In September, 1952, the Town of Elmira asked for sealed bids for the construction of a sewer system in sewer district No. 1. In the advertisement for bids it was stated that the…
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