V. BARILE, INC. v. MORALES

1606, 103859/09

68 A.D.3d 415 (2009)

2009 NY Slip Op 8876

890 N.Y.S.2d 39

V. BARILE, INC., Appellant, v. RICARDO MORALES, as Acting Chairman of the New York City Housing Authority, et al., Respondents.

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

Decided December 1, 2009.


Respondents' bidding requirement that bidders have a certain minimum amount of net liquid assets is rationally related to the minimum financial resources necessary to perform the contracts, and, indeed, petitioner does not appear to argue otherwise. To hold, as petitioner urges, that respondents' use of only that measure resulted, at least in petitioner's case, in an arbitrary rejection of a responsive bid by a responsible bidder would be to substitute our judgment for that...

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