MATTER OF BOTHAR CONSTR., LLC v. DOMINGUEZ

532559.

201 A.D.3d 1231 (2022)

162 N.Y.S.3d 503

2022 NY Slip Op 00346

In the Matter of Bothar Construction, LLC, et al., Appellants, v. Marie Therese Dominguez, as Commissioner of Transportation, et al., Respondents.

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

Decided January 20, 2022.


Attorney(s) appearing for the Case

Couch White, LLP, Albany ( Joel M. Howard III of counsel), for appellants.

Letitia James , Attorney General, Albany ( Allyson B. Levine of counsel), for Commissioner of Transportation and others, respondents.

Adams LeClair, LLP, Rochester ( Richard T. Bell Jr. of counsel), for Crane Hogan Structural Systems, Inc., respondent.

Garry, P.J., Lynch and Aarons, JJ., concur.


In May 2019, respondent Department of Transportation (hereinafter DOT) solicited bids to construct a 3.1-mile segment of the Empire State Trail in Onondaga County. Although petitioner CCI Companies, Inc. submitted the lowest bid, DOT rejected all bids without explanation. In August...

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