MATTER OF FITZPATRICK, JR., ASSOCS., INC. v. COUNTY OF SUFFOLK


47 A.D.2d 541 (1975)

In the Matter of Edward B. Fitzpatrick, Jr., Associates, Inc., et al., Respondents-Appellants, v. County of Suffolk et al., Appellants-Respondents

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

January 20, 1975


Judgment reversed on the law, with costs jointly to appellants-respondents appearing separately and filing separate briefs, against respondents-appellants, proceeding dismissed on the merits and determination confirmed.

The trial court in its decision sua sponte declared the entire bidding procedure invalid because of an addendum (No. 3) to the original bid instructions which eliminated certain contingent items from the low bid computation. By this addendum...

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