MATTER OF DME CONTRACTING, INC. v. STATE OF NEW YORK, OFFICE OF GEN. SERVS.


195 A.D.2d 648 (1993)

599 N.Y.S.2d 742

In the Matter of DME Contracting, Inc., Respondent, v. State of New York, Office of General Services, Appellant

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

July 1, 1993


Mercure, J.

Petitioner submitted a bid to respondent for roofing work on Project No. 37344-C. When respondent opened the bids on June 12, 1991, a discrepancy was noted on petitioner's bid form — the price written in words was "Three hundred eight thousand four hundred ninety nine dollar[s] and 00/100ths" and the price given in figures was "$380,499.00". Rule 4.4 of respondent's "Instructions to Bidders" states that "[i]n case of discrepancy between...

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