A. R. FUELS, INC. v. CITY OF NEW YORK


49 N.Y.2d 749 (1980)

A. R. Fuels, Inc., Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 7, 1980.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Craig A. Landy and Leonard Koerner of counsel), for appellant.

George Sassower for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Nothing in the wording of section 105 of the General Municipal Law proscribes the city's acceptance of a condition permitting withdrawal of a bid after less than 45 days, nor has the city pointed to any legislative history so suggesting. Having so provided in its standard form of contract for some 30 years, the city can, as to future contracts...

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