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MTR DE FOE CORP v. LAROCCA

128 Misc.2d 39 (1984)

In the Matter of De Foe Corporation et al., Petitioners, v. James L. Larocca, as Commissioner of the New York State Department of Transportation, et al., Respondents. Schiavone Construction Company et al., Intervenors-Respondents.

Supreme Court, Special Term, Albany County.

October 15, 1984

Attorney(s) appearing for the Case

Berman, Paley, Goldstein & Berman (Jack S. Kannry of counsel), for petitioner. Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for respondents. Buckley, Treacy, Schaffel, Mackey & Abbate (Eugene Schaffel, George F. Mackey and Norman D. Alvy of counsel), for intervenors-respondents.

HAROLD J. HUGHES, J.

In this CPLR article 78 proceeding the petitioner seeks a judgment: (1) vacating respondents' award of contract No. D250829 to the intervenor-respondent (Schiavone Joint Venture); (2) preliminarily and permanently enjoining respondents from allowing the intervenor-respondent to perform any part of the contract; and (3) directing respondents to award the contract to petitioner.

On March 15, 1984 the Department of Transportation...

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