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MARS ASSOC. v. HEALTH & MENTAL HYGIENE

47 A.D.2d 5 (1975)

Mars Associates, Inc. & Normel Construction Corp., Joint Venturers, Appellant, v. Health and Mental Hygiene Facilities Improvement Corporation, Respondent

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

February 27, 1975.

Attorney(s) appearing for the Case

McDonough, Schneider, Marcus & Cohn (Eli Saul Cohn and Franklin E. Tretter of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Thomas P. Zolezzi and Ruth Kessler Toch of counsel), for respondent.

HERLIHY, P. J., SWEENEY, KANE and MAIN, JJ., concur.

GREENBLOTT, J.

Plaintiff was the successful bidder for a construction contract on a facility owned by defendant. The proposal together with specifications, was put out for bidding, requesting bidders to state a base bid for the project as a whole plus the specific amount which would be added to or deducted from the base bid for each of 16 alternate proposals. When the contract was executed, alternates numbered...

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