Albany Supply & Equipment Co. v. City of Cohoes

Appeal from an order of the Supreme Court, Albany County granting respondent’s motion dismissing appellant’s complaint pursuant to CPLR 3211 (subd. [a], par. 7) and denying appellant’s cross motion for summary judgment pursuant to CPLR 3213. Appellant seeks to recover $27,739.85 for goods and supplies allegedly delivered to the respondent between 1958 and 1963. Section 99 of the Charter of the City of Cohoes provides in pertinent part as follows: “nor shall any such board or officer expend or contract to expend any money or incur any liability upon or by virtue of an open market order until…