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MATTER OF OLY BUS CORP. v. CONTRACT DISPUTE RESOLUTION BOARD OF THE CITY OF NEW YORK

46 A.D.3d 469 (2007)

847 N.Y.S.2d 585

In the Matter of OLY BUS CORP., Appellant, v. CONTRACT DISPUTE RESOLUTION BOARD OF THE CITY OF NEW YORK et al., Respondents.

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

Decided December 27, 2007.

Respondent properly calculated the award on a quantum meruit basis, and refused to base its calculation on the unsuccessful bid by a different bidder on a different contract that had been rescinded (see Najjar Indus. v City of New York, 87 A.D.2d 329, 331-332 [1982], affd 68 N.Y.2d 943 [1986]). The denial of predetermination interest was also appropriate because absent a specific statutory...

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