MATTER OF FRATELLO CONSTRUCTION CORPORATION v. TUXEDO UNION FREE SCHOOL DISTRICT


284 A.D.2d 461 (2001)

726 N.Y.S.2d 705

In the Matter of FRATELLO CONSTRUCTION CORPORATION, Respondent, v. TUXEDO UNION FREE SCHOOL DISTRICT, Appellant, and BUILDING MATRIX, INC., Respondent.

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

Decided June 18, 2001.


Ordered that the judgment is modified, on the law, by deleting the provision thereof granting that branch of the petition which was to award the contract to the petitioner, and substituting therefor provisions denying that branch of the petition and directing the appellant to reopen the bidding; as so modified, the judgment is affirmed, with costs to the petitioner.

The petitioner Fratello Construction Corporation contends that it submitted the lowest bid for general...

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