MARCHIONNE v. NEW YORK STATE DEP'T OF TRANSP.


88 A.D.2d 655 (1982)

Anthony Marchionne et al., Respondents, v. New York State Department of Transportation, Appellant, and James Donnigan et al., Respondents

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

May 24, 1982


Judgment reversed, on the law, without costs or disbursements, petition granted only to the extent that the determination is annulled and matter remitted to the Department of Transportation for further proceedings consistent herewith.

The leasing of gasoline stations by the Department of Transportation is controlled by subdivision 2 of section 38 of the Highway Law, which requires the submission of a bid deposit with each proposal. Once the amount of the deposit has...

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