Attorney(s) appearing for the Case
Robert S. Roberson for Town Board of Town of Newfane, appellant.
Michael W. Gibson for J & I Disposal, Inc., respondent.
Leonard G. Tilney, Jr., for Cataract Disposal, Inc., respondent.
Chief Judge COOKE and Judges JASEN and MEYER concur with Judge GABRIELLI; Judge WACHTLER dissents and votes to affirm in a seperate opinion in which Judges JONES and FUCHSBERG concur.
Court of Appeals of the State of New York.
We hold that a municipality may, under certain circumstances, treat a cash deposit accompanied by a suitable indemnity agreement as satisfying a requirement in a bid specification that the successful bidder furnish a "performance bond". In so holding, we note that a bid specification calling for a "performance bond" does not necessarily require the involvement of a third-party surety.
NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.
As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.