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ACME AM v. NYC DEPT OF EDUC

105457/2011

34 Misc.3d 392 (2011)

933 N.Y.S.2d 509

2011 NY Slip Op 21335

In the Matter of ACME AMERICAN REFRIGERATION, INC., Also Known as ACME REFRIGERATION, et al., Collectively Generally Referred to as ACME AMERICAN GROUP, Petitioners, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Supreme Court, New York County.

Decided September 21, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Meredith Rishty of counsel), for New York City Department of Education and others, respondents. Wachtel & Masyr LLP, New York City ( Howard Kleinhendler and David Yeger of counsel), for Mico Cooling Corp., respondent. Wasserman Grubin & Rogers, LLP, New York City ( John F. Grubin and Suzan Arden of counsel), for AM Motor Refrigeration Services Corp., Doing Business as AM A/C & Refrigeration Corp., respondent. Law Office of Vincent D. McNamara, East Norwich ( Helen M. Benzie of counsel), for petitioners.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this CPLR article 78 proceeding, petitioners seek to set aside publicly bid contracts awarded to other successful bidders for the repair of cafeteria and kitchen equipment within New York City public schools. Petitioners, which were successful bidders on only part of the project, contend that the project concerned repair of a public work, within the meaning of Labor Law § 220. Petitioners therefore assert...

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