Buffalo Audio Center Arrolite Co. v. Union Free School District No. 1

"William B. Lawless, J.

This is a motion pursuant to section 1293 of the Civil Practice Act to dismiss an article 78 proceeding for lack of jurisdiction. The proceeding in question seeks to compel respondent school board to rescind an award of contract for electrical equipment for a language laboratory made to Hunter & Bell, Inc. It contends that respondent failed to make an award to the lowest responsible bidder. In the alternative, petitioner prays for an order awarding damages to the appropriate bidder or bidders.

It was stipulated upon the argument that all enumerated respondents be dropped…