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SINRAM-MARNIS OIL v. NY CITY

74 N.Y.2d 13 (1989)

Sinram-Marnis Oil Company, Inc., Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1989.

Attorney(s) appearing for the Case

Terry Myers, Herbert Rubin, David B. Hamm and Miriam Skolnik for appellant.

Peter L. Zimroth, Corporation Counsel (Elizabeth Dvorkin and Ellen B. Fishman of counsel), for respondent.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

In this dispute between a fuel oil supplier and the City of New York concerning a public contract, the supplier seeks to establish that it is entitled to charge the city for gross receipt taxes imposed on the sales, though the tax was not included in its original bid price. We conclude that, in this competitive bidding context, plaintiff was precluded from modifying its bid

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