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FISCHBACH v. NYC TR AUTH

79 A.D.2d 14 (1981)

In the Matter of Fischbach and Moore, Incorporated, Appellant, v. New York City Transit Authority et al., Respondents

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

January 29, 1981

Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman (Jerrold Morgulas of counsel), for appellant.

Joan Offner (Walter J. McCarroll of counsel), for New York City Transit Authority and others, respondents.

Anderson Russell Kill & Olick, P. C. (John E. Daniel, James P. Heffernan and Erich R. Eiselt of counsel), for General Electric Company, respondent.

HOPKINS, LAZER and GIBBONS, JJ., concur.

MOLLEN, P. J.

The primary issue presented on this appeal is whether a municipal agency may obtain cost concessions on a public project through postbid negotiations with the lowest responsible bidder. Our determination necessarily depends upon an examination of the policy considerations underlying the practice of sealed competitive bidding for public contracts. We turn first to a review of the pertinent and undisputed...

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