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DiBERARDINO'S v. SCH. DIST

134 Misc.2d 288 (1986)

DiBerardino's, Inc., Plaintiff, v. Rome Consolidated School District, Defendant. DiBerardino's, Inc., Plaintiff, v. Vernon-Verona-Sherrill Central School District, Defendant.

Supreme Court, Oneida County.

June 10, 1986

Attorney(s) appearing for the Case

Hancock & Estabrook for defendants. Francis P. Valone for plaintiff.

JOHN R. TENNEY, J.

The defendants have moved for summary judgment on both these claims, or in the alternative, a joint trial.

Since both these claims present the same fact situation and the same legal problem, the motions should be considered together.

The substance of each argument for summary judgment is that the proper remedy to contest an award of a public contract is by a CPLR article 78...

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