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MTR ALCA INDUS v. DELANEY

92 N.Y.2d 775 (1999)

709 N.E.2d 97

686 N.Y.S.2d 356

In the Matter of Alca Industries, Inc., Respondent, v. Peter W. Delaney, as Commissioner of the New York State Office of General Services, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney-General, Albany (Gina M. Ciccone, Barbara G. Billet and Peter H. Schiff of counsel), for appellant.

Fox, Charles & Kowalewski, L. L. P., Clifton Park (Suzanne H. Charles of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.

CIPARICK, J.

In this case, Alca Industries petitions to have the Office of General Services (OGS) return its $11,800 bid security. As required by the OGS bid advertisement for an oil separator project, and in conjunction with its bid, Alca had provided this security in the form of a bid bond. The day after OGS opened the bids, however, it became apparent that Alca had failed to include an allowance for "washwater...

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