A.I. Smith of Long Island, Inc. v. City of Long Beach
Opinion of the Court
Contrary to the petitioner’s claim, in view of the significance of the omission from its bid package, the municipality could not, and in fact, did not, waive the defect as a "mere irregularity” (see, Matter of Varsity Tr. v Board of Educ., 130 AD2d 581, 582; Le Cesse Bros. Contr. v Town Bd., supra).
Finally, we find no merit to the petitioner’s claim of collusion. Bracken, J. P., Lawrence, Harwood and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.