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V. Barile, Inc. v. Morales

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 1, 2009

V. BARILE, INC., PETITIONER-APPELLANT,
v.
RICARDO MORALES, ACTING CHAIRMAN OF THE NEW YORK CITY HOUSING AUTHORITY, ET AL., RESPONDENTS-RESPONDENTS.

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered May 26, 2009, which denied petitioner's application to annul respondents' determination rejecting petitioner's bids on two contracts, 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.

Mazzarelli, J.P., Sweeny, Catterson, Freedman, Roman, JJ.

103859/09

Respondents' bidding requirement that bidders have a certain minimum amount of net liquid assets is rationally related to the minimum financial resources necessary to perform the contracts, and, indeed, petitioner does not appear to argue otherwise. To hold, as petitioner urges, that respondent's use of only that measure resulted, at least in petitioner's case, in an arbitrary rejection of a responsive bid by a responsible bidder would be to substitute our judgment for that of respondents (see Matter of P & C Giampilis Constr. Corp. v Diamond, 210 AD2d 64, 66 [1994]; see generally Flacke v Onondaga Landfill Sys., 69 NY2d 355, 363 [1987]). We have considered petitioner's other arguments and find them to be unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091201

© 1992-2009 VersusLaw Inc.



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