MTR. OF AT/COMM, INC. v. TUFO


86 N.Y.2d 1 (1995)

652 N.E.2d 915

629 N.Y.S.2d 169

In the Matter of AT/Comm, Inc., Appellant, v. Peter Tufo, as Chair of the New York State Thruway Authority, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 4, 1995.


Attorney(s) appearing for the Case

Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York City (Sidney H. Stein, Bertrand C. Sellier and Margaret A. Dale of counsel), and Hiscock & Barclay, Albany (Robert L. Adams of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Gerard E. Harper, Allan Blumstein, Michael P. Bowen and Anne T. Amann of counsel), Ralph J. Vecchio and Charles P. Randall, Albany, for Peter Tufo and another, respondents.

Simpson Thacher & Bartlett, New York City (Thomas C. Rice of counsel), for Amtech Systems Corporation, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

In this proceeding, the issue is whether the New York State Thruway Authority was required to seek public bids, under Public Authorities Law § 359, for installation of a provisional electronic toll-collection service. Because the contract did not require public bidding, we affirm.

In 1991, respondent New York State Thruway Authority (NYSTA) together with analogous agencies in New Jersey and...

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