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GRANITE CAPITAL HOLDINGS, INC. v. SHERBURNE-EARLVILLE CENTRAL SCHOOL DISTRICT

510584.

84 A.D.3d 1607 (2011)

924 N.Y.S.2d 182

GRANITE CAPITAL HOLDINGS, INC., Doing Business as MIRABITO ENERGY GROUP, Now Known as MIRABITO HOLDINGS, INC., Doing Business as MIRABITO ENERGY PRODUCTS, Respondent, v. SHERBURNE-EARLVILLE CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided May 19, 2011.

MALONE Jr., J.

In 2008, the Delaware-Chenango-Madison-Otsego Board of Cooperative Educational Services solicited bids for the purchase of fuel oil by certain school districts, including defendant, based upon certain specifications and estimated annual fuel usage. Plaintiff was awarded the bid and, thereafter, defendant formally confirmed its acceptance of the energy bid for specific fuels, including #2 fuel oil. In December 2008, however, defendant stopped purchasing...

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