MTR. OF CRISTO, INC. v. STATE OF N. Y.


42 A.D.2d 481 (1973)

In the Matter of M. Cristo, Inc., and Cristo Brothers, Inc., a Joint Venture, Appellant, v. State of New York Office of General Services et al., Respondents

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

November 15, 1973.


Attorney(s) appearing for the Case

Daniel J. Smitas (Leslie F. Couch for DiFabio & Couch, P. C., of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Robert T. Mulig and Ruth Kessler Toch of counsel), for State of New York, respondent.

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff of counsel), for Walsh-Corbetta, respondent.

HERLIHY, P. J., SWEENEY and MAIN, JJ., concur with KANE, J.; STALEY, JR., J., dissents and votes to affirm in an opinion.


KANE, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 15, 1973 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, seeking a judgment directing that certain bids not be opened, and that a contract be awarded to petitioner.

In the month of March, 1973 the Office of General Services advertised for bids for the demolition of two buildings in connection with...

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