MATTER OF J.D. POSILLICO, INC. v. DEP'T OF TRANSP. OF THE STATE OF NEW YORK


160 A.D.2d 1113 (1990)

In the Matter of J. D. Posillico, Inc., Respondent, v. Department of Transportation of the State of New York, Appellant

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

April 19, 1990


Kane, J.

Petitioner submitted the lowest bid for respondent's State highway construction project in Suffolk County. Petitioner was subsequently sent various contract documents by respondent and informed that failure to execute the contract within 10 days could result in forfeiture of petitioner's $600,000 bid deposit. Petitioner thereafter claimed that a mathematical error had resulted in an understatement of its bid by over $1.5 million and sought to...

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