EXLEY v. VILL. OF ENDICOTT


51 N.Y.2d 426 (1980)

In the Matter of Gary Exley et al., Respondents-Appellants, v. Village of Endicott et al., Respondents, and New York Telephone Company, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided December 18, 1980.


Attorney(s) appearing for the Case

Leonard Joseph, David B. Howorth, George E. Ashley, John M. Clarke and N. Michael Grove for appellant-respondent.

Keith J. Roland for respondents-appellants.

Chief Judge COOKE and Judges JASEN, JONES and MEYER concur; Judges GABRIELLI and FUCHSBERG taking no part.


WACHTLER, J.

The central issue on these cross appeals is whether a municipality violated a competitive bidding statute (General Municipal Law, § 103), when it did not offer competitors of the New York Telephone Company the opportunity to bid for the right to provide the municipality with certain telephone terminal systems. The petitioners, Gary Exley and 753 Harry L. Drive Corp., argue that the modern tariff...

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