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MTR. OF DIERKS & CO. v. COHEN

17 Misc.2d 373 (1959)

In the Matter of the Application of A. Dierks & Co. Inc., Petitioner, v. Henry A. Cohen, as Director of the Bureau of Contracts of the Department of Public Works of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

March 4, 1959.

Attorney(s) appearing for the Case

Weidenbaum & Krein for petitioner.

Louis J. Lefkowitz, Attorney-General (Thomas Burke and John F. Hmiel of counsel), for Henry A. Cohen, as Director, and another, respondents.

Konheim, Halpern & Wolf for Glens Falls Insurance Company, respondent.

DONALD S. TAYLOR, J.

This petition, the allegations of which must be conceded to be true upon a motion to dismiss it as a matter of law for its failure to state facts sufficient to entitle the petitioner to the relief which is sought, is sufficient. The question here presented was expressly left open in Psaty v. Duryea (306 N.Y. 413, 420). The determination against the claim of mistake by the petitioner as a bidder...

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