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MATTER OF CESTONE BROS., INC. v. SOLOWINSKI, JR.

276 A.D. 970 (1950)

In the Matter of Cestone Bros., Inc., Respondent, v. Joseph Solowinski, Jr., et al., Constituting The Town Board of the Town of New Windsor, Orange County, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1950.

After a full opportunity has been accorded to the successful bidder, E. Totonelly & Sons, Inc., to be heard in this proceeding, the Special Term can then determine whether there has been unlawful denial of an award of the contract to petitioner and whether, in the exercise of its discretion, a peremptory order shall issue. In view of the decision by the Court of Appeals in Matter of Dictaphone Corp. v. O'Leary (287 N.Y. 491), resort to a proceeding under article...

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