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CITIWIDE NEWS v. NYC TR. AUTH.

62 N.Y.2d 464 (1984)

In the Matter of Citiwide News, Inc., Respondent, v. New York City Transit Authority et al., Appellants.

Court of Appeals of the State of New York.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Gerald D. Roth, Stephen Sussman and Seth J. Cummins for New York City Transit Authority and another, appellants.

Stephen H. Penn and Brian Weiss for Kapoor Brothers, Inc., appellant.

Herman Badillo, Kenneth G. Schwarz and Stuart F. Gruskin for respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (June A. Witterschein and Stephen J. McGrath of counsel), for City of New York, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur.

WACHTLER, J.

Subdivision 1 of section 1209 of the Public Authorities Law provides that a contract for public work in excess of a specified cost may be entered into by the New York City Transit Authority (Authority) only after competitive bidding procedures have been followed. This appeal raises the question whether a license agreement, having as its predominant focus the use of real property and the operation...

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