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GEN. CONTRS. ASSN v. TORMENTA

180 Misc.2d 384 (1999)

687 N.Y.S.2d 871

In the Matter of General Contractors Association of New York, Inc., et al., Petitioners, v. Luis M. Tormenta, as Commissioner of the City of New York Department of Design and Construction, et al., Respondents.

Supreme Court, New York County.

March 5, 1999

Attorney(s) appearing for the Case

Levy & Tolman for petitioners. Michael D. Hess, Corporation Counsel of New York City (Robert Bailey of counsel), for respondents. Robert Slevin and Davis Polk & Wardell for Empire City Subway Company and another, amici curiae. Richard Babinecz (Andrew Czerepak of counsel), for Consolidated Edison, amicus curiae. Milbank, Tweed, Hadley & McCloy for Alliance for Downtown New York, amicus curiae.

WALTER B. TOLUB, J.

This is a CPLR article 78 proceeding by which the petitioners, a group of contractors and their trade association, seek to prevent the respondents City and related entities from advertising, awarding or registering some 20 or so contracts for public infrastructure work on the grounds that the contracts contain an illegal specification, namely "Section U". Empire City Subway Company, Limited...

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