Jerkens Truck & Equipment, Inc. v. City of Yonkers
Cases that cite this one
3 later published cases cite this decision.
- Lyons v. Whitehead (Appellate Division of the Supreme Court of New York 2002)
- Power Cooling Inc. v. State University (Appellate Division of the Supreme Court of New York 1997)
- Jerkens Truck & Equipment, Inc. v. City Yonkers (Appellate Division of the Supreme Court of New York 1992)
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
In a proceeding pursuant to CPLR article 78 to prohibit the City of Yonkers from awarding to the respondent Ottawa Truck Corporation a contract for the supply of refuse removal vehicles, and to compel the City of Yonkers to award this contract to the petitioner, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered June 6, 1986, which dismissed the proceeding without a hearing.
Ordered that the judgment is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a hearing and new determination.
The Supreme Court, Westchester County, improperly dismissed this proceeding without first conducting a hearing. The affidavits submitted raised various triable and disputed factual issues which require a hearing in order to be resolved (CPLR 7804 [h]; see also, Matter of Murphy v Burkhart, 92 AD2d 733; Matter of Masder Bldrs. v Overton, 15 AD2d 551). We point primarily to the question of whether the respondent Ottawa Truck Corporation submitted a bid proposal which failed to comply with the bid specification that the cab and chassis in the garbage trucks which were the subject of the contract "shall be of a proven design presently in production and service” and of whether the respondent municipality improp
Case-law data current through December 31, 2025. Source: CourtListener bulk data.