MATTER OF N.E.P. GLASS CO., LTD. v. BD. OF EDUC., MORRISVILLE-EATON CENT. SCH. DIST.


233 A.D.2d 570 (1996)

649 N.Y.S.2d 537

In the Matter of N.E.P. Glass Company, Ltd., Appellant, v. Board of Education, Morrisville-Eaton Central School District, et al., Respondents

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

November 7, 1996


Mikoll, J. P.

In January 1995, respondent Board of Education of the Morrisville-Eaton Central School District (hereinafter the Board) invited bids from contractors to replace windows in certain school district facilities. In response, seven bids were received including two submitted by respondent R.D. McCarthy Co., Inc. (hereinafter McCarthy) — one for $337,000 and the other for $309,000. Handwritten on the top of each of McCarthy's bid forms was...

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