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DIAMOND ASPHALT v. SANDER

92 N.Y.2d 244 (1998)

700 N.E.2d 1203

678 N.Y.S.2d 567

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.

Court of Appeals of the State of New York.

Decided July 9, 1998.

Attorney(s) appearing for the Case

Graubard Mollen & Miller, New York City (Milton Mollen, Scott E. Mollen and John P. Sheridan of counsel), for appellant.

Michael D. Hess, Corporation Counsel of New York City (Lewis S. Finkelman, Pamela Seider Dolgow, Bob Bailey and John Hogrogian of counsel), for respondents.

Davis Polk & Wardwell, New York City (Guy Miller Struve and Gina Caruso of counsel), Robert P. Slevin, Richard W. Babinecz and Andrew J. Czerepak for intervenors-respondents.

Judges TITONE, SMITH, LEVINE and CIPARICK concur with Judge BELLACOSA; Chief Judge KAYE dissents and votes to affirm in a separate opinion in which Judge WESLEY concurs.

BELLACOSA, J.

Two interrelated law questions are presented on this appeal. Does private utility interference work constitute "public work" under General Municipal Law § 103 (1), when municipalities determine the "lowest responsible bidder" by combined assessment of amounts bid for utility interference work and street reconstruction work? Additionally, in satisfaction of General Municipal Law § 103 ...

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