LA BARGE BROS v. CICERO


104 Misc.2d 764 (1979)

In the Matter of La Barge Brothers Co., Inc., Petitioner, v. Town of Cicero et al., Respondents.

Supreme Court, Onondaga County.

August 10, 1979.


Attorney(s) appearing for the Case

Love & Balducci for petitioner. De Vaul, Wood & Myers for Town of Cicero, respondent. Panels & Panels for Street Brothers Construction Co., Inc., respondent.


JOHN R. TENNEY, J.

Petitioner seeks a review of the action by the Cicero Town Board rejecting its bid because of noncompliance with the specifications. Respondents cross-move for a dismissal of the petition. The cross motion is granted.

Petitioner's bid price of $105,532.40 was $268.10 less than the second bidder who was awarded the contract. Although the low bidder, petitioner's bid was rejected because it was not accompanied by cash or certified...

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