Costanza Construction Corp. v. City of Rochester

— Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff was the low bidder on a public improvement contract on Alexander Street in the City of Rochester, and it was awarded the contract. It considered rock removal to be a small portion of the job, and it bid $25 per cubic yard to excavate rock, an amount which was below the actual cost. Job drawings, prepared by codefendant Passero, showed only about 20 cubic yards of rock in the area to be excavated, and specifications estimated about 100 cubic yards. In fact, over 600 cubic…