Legal Opinion

Citiwide News, Inc. v. New York City Transit Authority

New York Court of Appeals

Decided July 3, 1984PublishedCited by 23 opinions

POINTS OF COUNSEL The master license is not subject to the competitive bidding requirements of subdivision 1 of section 1209 of the Public Authorities Law. (.Matter ofExley v Village ofEndi-cott, 51 NY2d 426; Matter of New York City Ch. v Fabber, 73 Mise 2d 859, 41 AD2d 821; BusTop Shelters v City of New York, 99 Mise 2d 198; Matter of Signacon Controls v Mulroy, 32 NY2d 410; Albion Ind. Center v Town of Albion, 62 AD2d 478; Jered Contr. Corp. v New York City Tr.

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POINTS OF COUNSEL The master license is not subject to the competitive bidding requirements of subdivision 1 of section 1209 of the Public Authorities Law. (.Matter ofExley v Village ofEndi-cott, 51 NY2d 426; Matter of New York City Ch. v Fabber, 73 Mise 2d 859, 41 AD2d 821; BusTop Shelters v City of New York, 99 Mise 2d 198; Matter of Signacon Controls v Mulroy, 32 NY2d 410; Albion Ind. Center v Town of Albion, 62 AD2d 478; Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187; Admiral Realty Co. v City of New York, 206 NY 110.) I. The agreement at issue is not a “contract for public…

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

Subdivision 1 of section 1209 of the Public Authorities Law provides that a contract for public work in excess of a specified cost may be entered into by the New York City Transit Authority (Authority) only after competitive bidding procedures have been followed. This appeal raises the question whether a license agreement, having as its predominant focus the use of real property and the operation of a specified business thereon, is subject to the competitive bidding requirements by reason of the agreement’s provision that the licensee must construct certain…

2Cases cited3 opinions

  1. Signacon Controls, Inc. v. MulroyNew York Court of Appeals · 1973
  2. Exley v. Village of EndicottNew York Court of Appeals · 1980
  3. BusTop Shelters, Inc. v. City of New YorkNew York Supreme Court · 1978

3Cited by23 opinions

  1. Diamond Asphalt Corp. v. SanderNew York Court of Appeals · 1998
  2. Bridgestone/Firestone, Inc. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1991
  3. Stettine v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1984
  4. Jo & Wo Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  5. Hunts Point Terminal Produce Cooperative Ass'n v. New York City Economic Development Corp.Appellate Division of the Supreme Court of the State of New York · 2006

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