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VITANZA SONS v. MURRAY

90 Misc.2d 873 (1977)

V. C. Vitanza Sons, Petitioner, v. J. Lawrence Murray, as Executive Director of Facilities Development Corporation, et al., Respondents.

Supreme Court, Special Term, Albany County.

May 19, 1977

Attorney(s) appearing for the Case

Martin F. Geruso, Jr., for petitioner. Louis J. Lefkowitz, Attorney-General (George M. Thorpe of counsel), for J. Lawrence Murray and another, respondents. Di Fabio & Couch for Dominick Dan Alonzo, Inc., respondent.

GEORGE L. COBB, J.

In this article 78 proceeding, an unsuccessful bidder for a public contract attacks the award of the bid to another.

Petitioner's base bid to perform certain alterations at Auburn Correctional Facility was $54,545 and the bid specified that, if the work described in "Alternate 1" was omitted, there might be subtracted from the base bid the sum of $4,546 for a net bid of $49,999. The respondent Dominick Dan Alonzo, Inc., submitted...

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