EXPRESS INDUS. & TERM. v. DOT


93 N.Y.2d 584 (1999)

715 N.E.2d 1050

693 N.Y.S.2d 857

In the Matter of EXPRESS INDUSTRIES AND TERMINAL CORP., Respondent, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1999.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Stephen M. Jacoby, Preeta D. Bansal and John W. McConnell of counsel), for New York State Department of Transportation and others, appellants.

Stroock & Stroock & Lavan, L. L. P., New York City (Charles G. Moerdler and James A. Shifren of counsel), for Meir Cohen and another, appellants.

Kane Kessler, P. C., New York City (Jeffrey H. Daichman and Dana M. Susman of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK and ROSENBLATT concur; Judges BELLACOSA and LEVINE taking no part.


OPINION OF THE COURT

WESLEY, J.

The issue in this CPLR article 78 proceeding is whether petitioner, Express Industries and Terminal Corp., entered into a binding contract with respondent, New York State Department of Transportation (DOT), for the lease of a pier on the West Side of Manhattan when Express executed a permit that DOT characterized as its "final determination" for the lease. Because the permit omitted material terms of the purported contract...

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