THEODORE J. BURKE & SON, INC. v. COUNTY OF DUTCHESS


50 A.D.2d 918 (1975)

Theodore J. Burke & Son, Inc., Appellant, v. County of Dutchess et al., Respondents

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

December 29, 1975


Judgment affirmed, with one bill of $50 costs and disbursements jointly to respondents appearing separately and filing separate briefs.

The allegations of petitioner that the award of the contract to respondent H. O. Penn Machinery Co., Inc., was unlawful and in violation of section 103 of the General Municipal Law are unsupported by factual allegations which would overcome the presumption that the respondent county purchasing agent acted properly. Thus, Special Term...

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