New York Court of Appeals, 1980

MATTER OF TPK CONSTR. CORP. v. O'Shea

New York Court of Appeals · Decided May 29, 1980 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

50 N.Y.2d 835; 407 N.E.2d 1331; 430 N.Y.S.2d 34; 1980 N.Y. LEXIS 2412

Cases that cite this one

4 later published cases cite this decision.

Alca Industries, Inc. v. Delaney (Appellate Division of the Supreme Court of New York 1998)
DME Contracting, Inc. v. State (Appellate Division of the Supreme Court of New York 1993)
Dierks Heating Co. v. Egan (Appellate Division of the Supreme Court of New York 1985)
State Division of Human Rights v. New York State Department of Correctional Services (Appellate Division of the Supreme Court of New York 1982)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. From our review of the record, we cannot say that the commissioner was compelled to find that the appellant’s low estimate was a result of a failure to consider the need for waterproofing as opposed to a mere lack of skill in projecting *837 costs. In any event, especially in view of the conspicuous absence of direct documentary proof of how the bid was prepared, we conclude that the commissioner’s refusal to allow it to be withdrawn was neither arbitrary nor capricious nor affected by an error of law (see Matter of Fisher [Levine], 36 NY2d 146, 150).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.