Skyway Roofing of Troy, Inc. v. County of Rensselaer

OPINION OF THE COURT

Edward S. Conway, J.

This is a CPLR article 78 proceeding in which petitioner seeks judgment declaring: (1) that the award of bid No. 79-61 parapet and roof work on the Rensselaer County Jail building is void in that said award was arbitrary, capricious and unlawful; and (2) that the respondent Edward J. Martone failed to perform a duty enjoined upon him by law in failing to award said contract to the lowest responsible bidder.

On October 15, 1979, four bidders, including petitioner, submitted bids for certain roof repairs to the Rensselaer County Jail. Petitioner’s bid of…