General Bldg. Contractors of New York State, Inc. v. Board of Trustees, Village of Cayuga Heights

Citation42 A.D.2d 660,345 N.Y.S.2d 195
PartiesIn the Matter of GENERAL BUILDING CONTRACTORS OF NEW YORK STATE, INC., Appellant, v. BOARD OF TRUSTEES, VILLAGE OF CAYUGA HEIGHTS, et al., Respondents.
Decision Date27 June 1973
CourtNew York Supreme Court Appellate Division

Bryant, O'Dell & Basso, Syracuse (LaVerne F. O'Dell, Syracuse, of counsel), for appellant.

Roger B. Sovocool, Ithaca, for respondents.

Before GREENBLOTT, J.P., and COOKE, SWEENEY, KANE and MAIN, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the Supreme Court at Special Term, entered February 2, 1973 in Tompkins County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, for a judgment directing that no bids for a water treatment facility be taken under the existing contract; that if bids have been taken, no award of the contract be made; and that if new contracts are let, new specifications should be drawn to comply with sections 101 and 103 of the General Municipal Law and section 220 of the Labor Law.

Petitioner is a duly organized not-for-profit corporation with its principal office and place of business in Latham, New York. Its membership consists of 222 contractors, eight of whom are alleged prospective bidders on the construction project which is the subject matter of this special proceeding and two of whom are residents of Tompkins County, the county of both respondents and of the subject project.

This proceeding which, in substance, seeks to prevent contracts for a public works project from being awarded, to have any such contracts already awarded be rejected, and to have new specifications drawn if bids for such contracts are resolicited, was commenced by order to show cause dated December 21, 1972, the day on which the original bids were received, opened, and read. All of the above was accomplished prior to the return date in Special Term. It also appears that, subsequent to the dismissal of the petition on the merits, respondents, on February 15, 1973, let three contracts on the project, no stay or restraining order having been sought by petitioner, and work on the project is currently in progress.

Respondents, having failed at Special Term to raise an otherwise valid objection to petitioner's standing to bring this proceeding (see, Swiss Forest Homeowners Assn. v. Ole Olsen, Ltd., 38 A.D.2d 619, 326 N.Y.S.2d 366, mot. for lv. to app. den. 29 N.Y.2d 489, 328 N.Y.S.2d 1028, 278 N.E.2d 657), may not do so for the first time on this appeal (Klein-Messner Co. v. Fair Waist & Dress Co., Inc., 217 App.Div. 647, 650, 216 N.Y.S. 174, 177; Skinner v. Schwab, 188 App.Div. 457, 177 N.Y.S. 143, affd. 229 N.Y. 549, 129 N.E. 910; 10...

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12 cases
  • Image Carrier Corp. v. Beame
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 30 Diciembre 1977
    ...lowest responsible bidder. These regulations are designed to benefit the public, not the bidders. See General Bldg. Contractors v. Bd. of Trustees, 42 A.D.2d 660, 345 N.Y.S.2d 195 (1973); Allen v. Eberling, 24 A.D.2d 594, 262 N.Y.S.2d 121 (1965); Marino v. Town of Ramapo, 68 Misc.2d 44, 326......
  • E. Williamson Roofing and Sheet Metal Co., Inc. v. Town of Parish
    • United States
    • New York Supreme Court — Appellate Division
    • 7 Julio 1988
    ... ... v. State Univ. Constr. Fund, 47 A.D.2d 178, 179, 365 ... and is chargeable with such knowledge ( Village of Medina v. Dingledine, 211 N.Y. 24, 28, 104 ... 401, 46 N.E.2d 339; Matter of General Bldg ... Page 724 ... Contrs. of N.Y. State v. Board of Trustees, Vil. of Cayuga Hgts., 42 A.D.2d 660, ... hours of labor per week and requiring contractors or employers to pay prevailing wages and fringe ... City of New York, 258 N.Y. 113, 117, 179 N.E. 313; Matter of ... ...
  • Dolan v. Kelly
    • United States
    • New York Supreme Court
    • 21 Septiembre 1973
    ... ... issue of apparent first impression in this State reaches the court via an Article 78 proceeding ... 1311, 2 L.Ed.2d 1423; Kammerer v. Board of Fire and Police Comm., 44 Ill.2d 500, 256 ... Board of Higher Education of the City of New York, 350 U.S. 551, 76 S.Ct. 637, 100 L.Ed. 692). In ... Stone, Inc., 40 Lab.Arb. 1273 (1963); Louis Zahn Drug Co., ... 2d 376, 189 N.Y.S.2d 888, 160 N.E.2d 640; General Bldg. Contractors v. Bd. of Trustees, App.Div., ... ...
  • New York State Ass'n of Plumbing-Heating-Cooling Contractors, Inc. v. Egan
    • United States
    • New York Supreme Court — Appellate Division
    • 7 Junio 1984
    ... ... John C. EGAN, as Commissioner of General Services of the ... State of New York, et al., ... 305, 344 N.Y.S.2d 938, 298 N.E.2d 105; Elia Bldg. Co. v. New York State Urban Development Corp., ... Contrs. of N.Y. State v. Board of Trustees, Vil. of Cayuga Hgts., 42 A.D.2d 660, ... ...
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