Patrick R. Brereton & Associates, Inc. v. Regan
Cases that cite this one
9 later published cases cite this decision.
- Adelaide Environmental Health Associates, Inc. v. New York State Office of General Services (Appellate Division of the Supreme Court of New York 1998)
- Romano Enterprises of New York, Inc. v. New York City Department of Transportation (Appellate Division of the Supreme Court of New York 1998)
- R.W. Granger & Sons, Inc. v. State of New York Facilities Development Corp. (Appellate Division of the Supreme Court of New York 1994)
- In re K & M Turf Maintenance (Appellate Division of the Supreme Court of New York 1990)
- Yorktown Auto Body Works, Inc. v. State (Appellate Division of the Supreme Court of New York 1990)
- Schiavone Construction Co. v. Larocca (Appellate Division of the Supreme Court of New York 1986)
- Stacor Corp. v. Egan (Appellate Division of the Supreme Court of New York 1986)
- Kernan Library Office Group, Inc. v. Office of General Services (Appellate Division of the Supreme Court of New York 1986)
- MATTER OF PATRICK R. BRERETON & ASSOCS., INC. v. Regan (N.Y. 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Cross appeals from a resettled judgment of the Supreme Court at Special Term (Pennock, J.), entered October 8,1982 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to direct a rebidding of a certain purchase contract. The principal issue of this appeal is whether the Office of General Services (OGS) arbitrarily and capri-. ciously rejected the low bids of petitioner on a contract to supply two lots of furniture and awarded the contract to respondent Temple-Stuart Company (Temple-Stuart), in violation of the public bidding requirements of section 174 of the State Finance Law. In the spring of 1981, OGS issued a bid proposal for wood furniture to be used by the Office of Mental Retardation and Developmental Disabilities for its community residences. The proposal divided the items and furniture into two lots, one for dining room tables and cabinets, the other for dining room chairs. In lieu of detailed specifications regarding the size, quality, style and design for each of the items for which bids were solicited, the bid proposal gave some general dimensions and quality requirements and then referred to specifically identified manufacturers’ models of such items for comparison purposes. Several specific models manufactured by Temple-Stuart were among those used as referenced items in the bid proposal. The proposal also set forth required qualifications of any prospective bidder, including that it have a factory “devoted to the manufacture of the furniture it proposes to furnish”. Petitioner Patrick R. Brereton & Associates, Inc., a furniture manufacturers’ representative, submitted several bids for each lot of furniture on behalf of its client companies. Temple-Stuart also bid on each lot. In each instance, bids of petitioner were lower than those of Temple-Stuart. As to the first lot, OGS rejected petitioner’s bids and awarded the contract to Temple-Stuart. This was based upon inspection by OGS’ quality control personnel of samples of the articles in petitioner’s bids and a determination that they did not meet specifications as to workmanship, thickness of certain components, general appearance and durability. This was spelled out in detail in written memoranda of OGS’ evaluations. With respect to the second lot of furniture items, petitioner’s low bid, purportedly made on behalf of Ralph Curcio Co., Inc. (Curcio) was accepted by OGS. However, OGS subsequently received a written objection to the letting of that contract, on the ground that Curcio was not in fact a manufacturer of the bid items and had no factory capacity to make them. OGS solicited a response from petitioner as to this objection and received a reply in which petitioner stated that the items were to be manufactured by Curcio and L. & Z. Kamman Co., Inc. OGS then wired petitioner demanding to know specifically which of the items in the contract were to be actually manufactured by Curcio, to which petitioner responded by wiring “none”. OGS thereupon terminated the contract and awarded it to Temple-Stuart. Petitioner then brought the instant article 78 proceeding. Special Term agreed with petitioner’s objections, annulled the award of the contract to Temple-Stuart and directed that the proposals involved be rébid. ' This appeal ensued. Upon our review of .the record, we conclude that Special
Case-law data current through September 30, 2026. Source: CourtListener bulk data.