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MATTER OF GEN. BLDG. CONTRACTORS OF NEW YORK STATE, INC. v. CITY OF SYRACUSE

32 N.Y.2d 780 (1973)

In the Matter of General Building Contractors of New York State, Inc., Respondent, v. City of Syracuse et al., Appellants.

Court of Appeals of the State of New York.

Decided May 2, 1973.

Attorney(s) appearing for the Case

Edward P. Kearse, Corporation Counsel (John R. Harder of counsel), for appellants.

LaVerne F. O'Dell for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, JONES and WACHTLER concur; Judge GABRIELLI taking no part.

MEMORANDUM.

We agree with the Appellate Division that the bid specifications here violate sections 101 and 103 of the General Municipal Law. General Building Contractors of New York, Inc. and the City of Syracuse are, however, the only parties now before us. Because of nonjoinder of necessary parties (Matter of Crisione Bros. v. Solowinski, 276 App. Div. 970; see Matter of Consolidated Sheet Metal Works v. Board...

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