J. I. CASE CO. v. TOWN BD. OF THE TOWN OF VIENNA


105 A.D.2d 1077 (1984)

J. I. Case Company, Doing Business as Case Power and Equipment, Appellant, v. Town Board of the Town of Vienna et al., Respondents

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

November 7, 1984


Judgment unanimously reversed, on the law, with costs, and matter remitted to Supreme Court, Oneida County, for new trial, in accordance with the following memorandum: Section 103 of the General Municipal Law requires municipalities to obtain sealed bids for the purchase of items costing over $5,000. When specifications are drawn in such a way that only one manufacturer can meet them, competitive bidding is effectively eliminated (Matter of McNutt Co. v Eckert, 257...

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