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MATTER OF CARUCCI v. DULAN

24 A.D.2d 529 (1965)

In the Matter of Angelo Carucci et al., Doing Business as Carucci Brothers, Respondents, v. Frank M. Dulan et al., Constituting The Board of Contract and Supply of the City of Utica, Appellants

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

June 23, 1965

Judgment unanimously reversed, without costs of this appeal to any party, and matter remitted to Oneida County Special Term for further proceedings in accordance with memorandum.

Memorandum:

In this article 78 proceeding in the nature of mandamus to compel the city to award to petitioner a contract upon which it was low bidder, Special Term erred in attempting to decide the disputed factual issues without a trial...

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