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MATTER OF DIAMOND ASPHALT CORP. v. SANDER

238 A.D.2d 197 (1997)

656 N.Y.S.2d 248

In the Matter of Diamond Asphalt Corp., Appellant, v. Elliot G. Sander, as Commissioner of The New York City Department of Transportation, et al., Respondents, and Consolidated Edison Company of New York, Inc., et al., Intervenors-Respondents

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

April 15, 1997

The IAS Court properly dismissed the petition on the ground that the Mayor possesses and lawfully exercised his bypass authority under New York City Charter § 313 (b) (2) in awarding the contracts to bidders who, although not lowest bidders on the public work portion of the contracts, were the lowest bidders on both the public work and utility interference portions in the aggregate. The exercise of such authority did not violate...

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