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TULLY CONSTR. CO., INC. v. NEW YORK CITY DEPT. OF DESIGN & CONSTR.

Index No. 154035/21. Appeal No. 14814. Case No. 2021-02761.

200 A.D.3d 507 (2021)

155 N.Y.S.3d 86

2021 NY Slip Op 06933

Tully Construction Co., Inc., Appellant, v. New York City Department of Design and Construction et al., Respondents.

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

Decided December 9, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains ( Jeffrey A. Cohen of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Kate Fletcher , of counsel), for New York City Department of Design and Construction, Jamie Torres-Springer, New York City Comptroller and Scott M. Stringer, respondents.

Pillsbury Winthrop Shaw Pittman LLP, New York ( E. Leo Milonas of counsel), and Goulston & Storrs, New York ( Rhian Cull of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for IPC Resiliency Partners, respondent.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.

DDC's determination to award the subject project contract to IPC was not arbitrary and capricious or affected by any error of law (see Matter of West Irondequoit Teachers Assn. v Helsby, 35 N.Y.2d 46, 50 [1974]; Matter of AAA Carting & Rubbish Removal, Inc. v Town of Clarkstown, 132 A.D.3d 857, 859 [2d Dept 2015], lv denied 26 N.Y.3d 918 [2016...

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