DIAMOND ASPHALT v. SANDER


171 Misc.2d 879 (1996)

655 N.Y.S.2d 706

Diamond Asphalt Corp., Petitioner, v. Elliot G. Sander, as Commissioner of the City of New York Department of Transportation, et al., Respondents. Judlau Contracting, Inc., Petitioner, v. Rudolph W. Giuliani, as Mayor of the City of New York, et al., Respondents.

Supreme Court, New York County.

August 1, 1996


Attorney(s) appearing for the Case

Andrew J. Czerepak and Richard W. Babinecz, New York City, for Consolidated Edison Co. of New York, intervenor. Neal S. Dobshinsky, New York City, for New York Telephone Company, intervenor. David S. Torrey, White Plains, for Empire City Subway Co., intervenor. Levy & Tolman, New York City (Alan Levy and Steven Tolman of counsel), for Diamond Asphalt Corp., petitioner. Jaspan Schlesinger Silverman & Hoffman, L. L. P., Garden City (Lauren Kretzing and Stanley Harwood of counsel), for Judlau Contracting, Inc., petitioner. Paul A. Crotty, Corporation Counsel of New York City (Robert Bailey and Claudia Canosa of counsel), for Elliot G. Sander and others, respondents. Ross & Cohen, L. L. P., New York City, for Cobar Construction Company, Inc., respondent.


HELEN E. FREEDMAN, J.

These two CPLR article 78 proceedings, which raise identical issues of law, are consolidated for joint determination.1

Petitioners are unsuccessful bidders for street repair and reconstruction contracts with the City of New York Department of Transportation (DOT). They seek an order annulling the award by the municipal respondents2...

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