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ACME BUS CORP v. BD OF EDUC

91 N.Y.2d 51 (1997)

689 N.E.2d 890

666 N.Y.S.2d 996

In the Matter of Acme Bus Corp., Appellant, v. Board of Education of the Roosevelt Union Free School District et al., Respondents, et al., Respondent.

Court of Appeals of the State of New York.

Decided December 4, 1997.

Attorney(s) appearing for the Case

Richard Charles Hamburger, P. C., Melville (Richard Hamburger, Lane T. Maxson and David N. Yaffe of counsel), for appellant.

Ehrlich, Frazer & Feldman, Garden City (Jacob S. Feldman and James H. Pyun of counsel), for Board of Education of the Roosevelt Union Free School District, respondent.

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

SMITH, J.

In this matter, a school board solicited contract bids in two alternative categories for school transportation routes — the first category for each individual transportation route in the school district, and a second for all the routes in the aggregate. The board chose to award the contracts to the lowest responsible bidders in the aggregate category and then sought to obtain further price concessions...

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