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MATTER OF NEMCO CONSTR. CORP. v. SANDER

247 A.D.2d 290 (1998)

668 N.Y.S.2d 461

In the Matter of Nemco Construction Corp., Appellant, v. Elliot Sander, as Transportation Commissioner of The City of New York, Respondent

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

February 19, 1998

Petitioner's argument that it provided respondent with complete and accurate information in the questionnaire required by 9 RCNY 5-02 (e), and that respondent's determination of nonresponsibility based upon material omissions in the questionnaire is therefore arbitrary and capricious, is premised on a misreading of unambiguous instructions and questions in the questionnaire that required petitioner to disclose the indictment of...

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