J. I. Case Co. v. Town Board of Vienna

Judgment unanimously reversed, on the law, with costs, and matter remitted to Supreme Court, Oneida County, for new trial, in accordance with the following memorandum: Section 103 of the General Municipal Law requires municipalities to obtain sealed bids for the purchase of items costing over $5,000. When specifications are drawn in such a way that only one manufacturer can meet them, competitive bidding is effectively eliminated (Matter of McNutt Co. v Eckert, 257 NY 100, 104; Matter ofResco Equip. & Supply Corp. v City Council, 34 AD2d 1088). Such a scheme is illegal in the absence of a…