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MTR OF EMBEE CORP. v. RINGLER

194 Misc.2d 400 (2002)

752 N.Y.S.2d 786

In the Matter of EMBEE CORP., Doing Business as INTERIORS BY BERNARD, Petitioner, v. KENNETH J. RINGLER, JR., as Commissioner of the Office of General Services, Respondent. In the Matter of TAUB'S CARPET AND TILE CORPORATION, Petitioner, v. KENNETH J. RINGLER, JR., as Commissioner of the Office of General Services, Respondent.

Supreme Court, Albany County.

October 11, 2002.

Attorney(s) appearing for the Case

Nathanson, Devack & Memmoli, LLP, East Meadow (Mitchell J. Devack of counsel), for petitioners.

Eliot Spitzer, Attorney General, Albany (Reuben Goldwaser of counsel), for respondent.

OPINION OF THE COURT

LESLIE E. STEIN, J.

Petitioner Embee Corp. (hereinafter Embee) and petitioner Taub's Carpet and Tile Corporation (hereinafter Taub's) were successful bidders on an invitation for bids (hereinafter IFB) released by respondent in September 2001. Respondent notified petitioners by letter dated February 13, 2002 that they had each been awarded a contract. However, in April 2002, respondent's counsel contacted petitioners by telephone and...

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