Matter of Oly Bus Corp. v Contract Dispute Resolution Bd. of City of N.Y.

Matter of Oly Bus Corp. v Contract Dispute Resolution Bd. of City of N.Y. 2007 NY Slip Op 10474 [46 AD3d 469] December 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

In the Matter of Oly Bus Corp., Appellant,
v
Contract Dispute Resolution Board of the City of New York et al., Respondents.

—[*1] Wasserman Grubin & Rogers, LLP, New York City (John F. Grubin of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Norman Corenthal and John Hogrogian of counsel), for respondents.

Judgment, Supreme Court, New York County (Marilyn Shafer, J.), entered September 8, 2006, which, insofar as appealed from as limited by the briefs, denied the petition and dismissed the CPLR article 78 proceeding to the extent that it sought to modify the determination of respondent Board, dated July 5, 2005, awarding petitioner $13,873.60 and denying predetermination interest, unanimously affirmed, without costs.

Respondent properly calculated the award on a quantum meruit basis, and refused to base its calculation on the unsuccessful bid by a different bidder on a different contract that had been rescinded (see Najjar Indus. v City of New York, 87 AD2d 329, 331-332 [1982], affd 68 NY2d 943 [1986]). The denial of predetermination interest was also appropriate because absent a specific statutory provision or clear policy from which the intent to authorize it may be discerned, there is no basis for an award of interest (see Matter of Bello v Roswell Park Cancer Inst., 5 NY3d 170 [2005]). Concur—Mazzarelli, J.P., Andrias, Buckley, Sweeny and McGuire, JJ.