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JERKENS TRUCK v. YONKERS

174 A.D.2d 127 (1992)

In the Matter of Jerkens Truck & Equipment, Inc., Appellant, v. City of Yonkers et al., Respondents

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

January 13, 1992

Attorney(s) appearing for the Case

Samuels & Grossman (Allan C. Samuels, Michael F. Grossman and John F. Byrne of counsel), for appellant.

J. Radley Herold, Corporation Counsel (Anthony P. Vigna of counsel), for City of Yonkers, respondent.

Lawrence Vincent Kelly (Laura M. Carbo of counsel), for Ottawa Truck Corporation, respondent.

BALLETTA, J. P., MILLER and RITTER, JJ., concur.

O'BRIEN, J.

The petitioner unsuccessfully bid on a municipal contract and commenced the instant proceeding to set aside the contract awarded to its competitor. During discovery proceedings, the court, on March 18, 1988, entered an order of preclusion against the petitioner, which effectively prevented it from establishing that the contract should have been awarded to it. The narrow question presented on appeal...

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