T.P.K. CONSTR. CORP. v. O'SHEA


69 A.D.2d 316 (1979)

In the Matter of T.P.K. Construction Corp., Respondent, v. James C. O'SHEA, as Commissioner of the Office of General Services of The State of New York, et al., Appellants

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

July 26, 1979


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey, Shirley Adelson Siegel and Jeremiah Jochnowitz of counsel), for appellants.

Tunstead & Schechter (Steven Rubin of counsel), for respondent.

GREENBLOTT, STALEY, JR., and MIKOLL, JJ., concur; MAIN, J., not taking part.


MAHONEY, P. J.

In this proceeding, a contractor challenges the refusal by the State Office of General Services to rescind its bid due to its unilateral mistake, and seeks to recover its bid deposit. Essentially, petitioner's argument is one of equity and, as such, has been judicially recognized where the mistake made by the bidder can be objectively established and where it does not evolve from an inherent risk...

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