PROSPER CONTR. CORP. v. BD. OF EDUC.


73 Misc.2d 280 (1973)

Prosper Contracting Corp., Respondent, v. Board of Education of the City of New York, Appellant.

Supreme Court, Appellate Term, First Department.

February 8, 1973


Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Stanley Buchsbaum and Edmund B. Hennefeld of counsel), for appellant. Klein & Feinstein, P.C. (Sheldon Feinstein of counsel), for respondent.

QUINN and LUPIANO, JJ., concur in Per Curiam opinion; MARKOWITZ, P. J., dissents in memorandum.


Per Curiam.

In September, 1969, the Board of Education advertised for bids to rebuild a brick chimney at Public School No. 41, Richmond. On September 16, 1969, which was the bid opening date, plaintiff submitted a bid that turned out to be the lowest. On September 18, 1969, plaintiff received a letter by certified mail directing it to proceed immediately with work. The letterhead of this missive is that of the Board...

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