Legal Opinion
Diamond "D" Construction Corp. v. County of Erie
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1994PublishedCited by 3 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition of Diamond "D” Construction Corp. (Diamond) seeking to require the County of Erie (County) to reject as non-responsive the bid of Frontier Asphalt, Inc. (Frontier). A municipality may decline bids that fail to comply with the literal requirements of the bid specifications or it may waive technical non-compliance "if the defect is a mere irregularity and it is in the best interests of the municipality to do so” (Le Cesse Bros. Contr. v Town Bd., 62 AD2d 28, 32, affd 46 NY2d 960). A…
2Cases cited6 opinions
- Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
- Le Cesse Bros. Contracting, Inc. v. Town Bd. of the Town of WilliamsonNew York Court of Appeals · 1979
- Cataract Disposal, Inc. v. Town BoardNew York Court of Appeals · 1981
- Varsity Transit, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
- Willets Point Contracting Corp. v. Town Board of the Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by3 opinions
- ACCADIA SITE CONTRACTING, INC. v. CARUANA, ANTHONY F.Appellate Division of the Supreme Court of the State of New York · 2012
- Accadia Site Contracting, Inc. v. CaruanaAppellate Division of the Supreme Court of the State of New York · 2012
- Accadia Site Contracting, Inc. v. CaruanaAppellate Division of the Supreme Court of the State of New York · 2012