AMER. INST., IMPORTED STEEL v. O. G. S.


47 A.D.2d 118 (1975)

American Institute for Imported Steel, Inc., et al., Appellants, v. Office of General Services of the State of New York et al., Respondents

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

March 6, 1975.


Attorney(s) appearing for the Case

Graubard, Moskovitz, McGoldrick, Dannett & Horowitz (Seymour Graubard and Jack Weinberg of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Joseph P. McCale and Ruth Kessler Toch of counsel), for respondents.

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


SWEENEY, J.

This appeal concerns the validity of defendants' "Buy-American" policy as expressed in paragraph 10 of its general specifications. Special Term, in granting defendants' cross motion for summary judgment, determined that defendant Office of General Services of the State of New York (OGS) has the power to promulgate broad rules and standards for the purchase of products for the State on the basis of public policy and its "Buy-American" policy...

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