Order unanimously reversed on the law without costs and motion granted.
Memorandum:
Supreme Court erred in denying plaintiff's motion for summary judgment on its complaint, which seeks a return of its bid security in the sum of $70,530, together with interest. We disagree with defendant's contention that plaintiff forfeited its bid security notwithstanding that defendant, within 45 days after the formal bid opening, awarded and executed a contract for the...
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