DiBerardino's, Inc. v. Rome Consolidated School District

OPINION OF THE COURT

John R. Tenney, J.

The defendants have moved for summary judgment on both these claims, or in the alternative, a joint trial.

*289Since both these claims present the same fact situation and the same legal problem, the motions should be considered together.

The substance of each argument for summary judgment is that the proper remedy to contest an award of a public contract is by a CPLR article 78 proceeding. The argument continues that there can be no action for damages for failure to award a public contract after a bid procedure has been followed.

Plaintiff contends that it was…