NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 9, 2008
IN RE DART MECHANICAL CORP., PETITIONER-APPELLANT,
NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS CONTRACT DISPUTE RESOLUTION BOARD, ET AL., RESPONDENTS-RESPONDENTS.
Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered October 29, 2007, which denied petitioner's application to annul the determination of respondent New York City Office of Administrative Trials and Hearings Contract Dispute Resolution Board rejecting petitioner's claims for additional compensation for the increased cost of supplying certain equipment required by petitioner's contract with respondent New York City Department of Sanitation, and dismissed the petition, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Gonzalez, Nardelli, Moskowitz, Renwick, JJ.
The petition was properly dismissed where the contract did not include an escalator clause or other provision for additional compensation, and the Board rationally found (see Secco Elec. Corp. v Kalikow, 13 AD3d 252 , lv denied 5 NY3d 702 ) that the Department of Sanitation did not breach either the contract provision or the Procurement Policy Board's rules regarding procurement and substitution of sole source items.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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