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MATTER OF MANSFIELD CONTRACTING CORP. v. LINDSAY

41 A.D.2d 925 (1973)

In the Matter of Mansfield Contracting Corporation, Appellant, v. John V. Lindsay et al., Individually and Constituting The Board of Estimate of the City of New York, et al., Respondents

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

May 22, 1973

In affirming, we have noted the opinion on a related matter of Judge Whitman Knapp in the U. S. Court for the Southern District of New York. (See N. Y. L. J., May 4, 1973, p. 5, col. 5.) It would seem that to relegate the petitioner-appellant to an action at law is injurious to the taxpayers in that the city does not receive the benefit of the lowest bid and may, in addition, be held in damages. However, we seem foreclosed by the...

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