Carucci v. Dulan

Judgment unanimously *530reversed, without costs of this appeal to any party, and matter remitted to Oneida County Special Term for further proceedings in accordance with memorandum. Memorandum: In this article 78 proceeding in the nature of mandamus to compel the city to award to petitioner a contract upon which it was low bidder, Special Term erred in attempting to decide the disputed factual issues without a trial. Briefly stated, the petition alleged that the bid was rejected because of a claimed defective financial statement submitted therewith. There were further allegations that after the…