Circulation Associates, Inc. v. State, 44813

• Decision Date: 20 May 1966
• Docket Number: No. 44813,No. M--8476,44813,M--8476
• Parties: CIRCULATION ASSOCIATES, INC., Respondent, v. STATE of New York, Appellant. Claim Motion
• Court: New York Supreme Court — Appellate Division

Page 151

270 N.Y.S.2d 151

26 A.D.2d 33

CIRCULATION ASSOCIATES, INC., Respondent, v. STATE of New York, Appellant.

Claim No. 44813.

Motion No. M--8476.

Supreme Court, Appellate Division, Third Department.

May 20, 1966.

Louis J. Lefkowitz, Atty. Gen. (Ruth K. Toch, Acting Sol. Gen., and Edwin R. Oberwager, Asst. Atty. Gen., Albany, of counsel), for appellant.

Halperin, Morris, Granett & Cowan, New York City (Solomon Granett, New York City, of counsel), for claimant-respondent.

Before GIBSON, P.J., and HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ.

TAYLOR, Justice.

The State of New York appeals from an order of the Court of Claims which denied its motion to dismiss a claim for breach of contract on the grounds that it failed to state a cause of action and that it was not timely filed.

Claimant is engaged in the direct mail advertising business in connection with the operation of which it maintains sources from which can be compiled various types of lists of members of the public for use by persons, among others, engaged in the automotive industry. Subdivision 3 of section 202 of the Vehicle and Traffic Law authorizes the Commissioner of Motor Vehicles to contract with the highest responsible bidder to furnish copies of records of all vehicle registrations for any registration year or for a term of years not exceeding five in number with respect to a given territory. In 1961 claimant was the successful bidder for the records and thereafter entered into a contract with the Commissioner of Motor Vehicles, a copy of which is annexed to the claim. Therein he agreed to sell to claimant and it agreed to buy '(i) Dealer and Transporter registrations in cash sheet form, (ii) special registrations in 4 6 paper reproductions and (iii) all other vehicle registrations in 35 millimeter microfilm negative rolls, issued for registration years 1962--1964, both inclusive' in all of the counties of the State at a specified price for each 100 registrations. The commissioner further agreed that during the term of the contract he would not deliver the microfilm negative rolls of registration to anyone other than to claimant and that 'in furnishing copies of the vehicle registrations in this State to others than the (claimant)' the commissioner would charge the rates specified in the statute (Vehicle and Traffic Law, § 202, subd. 3).

It appears from an unrefuted affidavit (CPLR 3211, subd. (c)) that after the commissioner began to send the microfilms to claimant pursuant to the terms of the contract he agreed to permit R. L. Polk & Co., a competing firm, a long-time contractant with the State for the same materials and an unsuccessful bidder for the rights acquired by claimant in 1961, to microfilm copies of a form known as MV--50 which contained information substantially identical to that of the vehicle...