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RODIN v. DIR. OF PURCHASING

38 Misc.2d 362 (1963)

Bernard Rodin, Plaintiff, v. Director of Purchasing of the Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 25, 1963

Attorney(s) appearing for the Case

English & Cianciulli for plaintiff. Julius J. D'Amato for Reuper GMC Sales Corp., defendant. John A. Morhous, Town Attorney, for Town of Hempstead, defendant.

BERNARD S. MEYER, J.

In this action under section 51 of the General Municipal Law plaintiff moves for a temporary injunction and defendant Reuper GMC Sales Corp. cross-moves for dismissal of the complaint. Involved is the purchase of 20 garbage trucks by the Town of Hempstead from defendant Reuper without competitive bidding. Defendants contend that the emergency provision of subdivision 4 of section 103 of the General Municipal Law governs and, therefore...

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