PUCILLO v. MAYOR AND COUNCIL OF BOROUGH OF NEW MILFORD


73 N.J. 349 (1977)

375 A.2d 602

L. PUCILLO & SONS, INC., PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF NEW MILFORD AND ANGELO PACIO, TRADING AS PACIO SANITATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 12, 1977.


Attorney(s) appearing for the Case

Mr. Mark D. Larner argued the cause for appellant (Messrs. Budd, Larner, Kent, Gross, Picillo and Rosenbaum, attorneys).

Mr. Mario R. LaBarbera argued the cause for respondents Mayor and Council of the Borough of New Milford.

Mr. Leopold A. Monaco argued the cause for respondent Angelo Pacio, trading as Pacio Sanitation.


The opinion of the court was delivered by PASHMAN, J.

This appeal concerns the validity of a municipality's waiver of certain deviations from its bidding specifications in awarding a garbage scavengers contract. Defendant Borough of New Milford (Borough) originally requested bidders to submit proposals for contracts of one, two, three and five years' duration. Defendant Angelo Pacio, trading as Pacio Sanitation (Pacio), entered bids on the first three proposed contracts...

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