JOSEPH DAVIS, INC. v. MOLLENBERG-BETZ MACH. CO., INC.


124 A.D.2d 1071 (1986)

Joseph Davis, Inc., Respondent, v. Mollenberg-Betz Machine Co., Inc., et al., Appellants

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

November 10, 1986


Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

In annulling the award of a public contract to respondent Mollenberg, the court erred in finding that Mollenberg's bid failed to comply with the bid requirements and in concluding that Mollenberg thereby received a substantial and material advantage over other bidders. The bid instructions do not require a bid on both the base and alternative proposals and do not require...

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