V. Barile, Inc. v Morales

V. Barile, Inc. v Morales 2009 NY Slip Op 08876 [68 AD3d 415] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

V. Barile, Inc., Appellant,
v
Ricardo Morales, as Acting Chairman of the New York City Housing Authority, et al., Respondents.

—[*1] Michael C. Marcus, Long Beach, for appellant.

Sonya M. Kaloyanides, New York (James E. Bayley of counsel), for respondents.

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered May 26, 2009, which denied petitioner's application to annul respondents' determination rejecting petitioner's bids on two contracts, and dismissed the petition, unanimously affirmed, without costs.

Respondents' bidding requirement that bidders have a certain minimum amount of net liquid assets is rationally related to the minimum financial resources necessary to perform the contracts, and, indeed, petitioner does not appear to argue otherwise. To hold, as petitioner urges, that respondents' use of only that measure resulted, at least in petitioner's case, in an arbitrary rejection of a responsive bid by a responsible bidder would be to substitute our judgment for that of respondents (see Matter of P & C Giampilis Constr. Corp. v Diamond, 210 AD2d 64, 66 [1994]; see generally Flacke v Onondaga Landfill Sys., 69 NY2d 355, 363 [1987]). We have considered petitioner's other arguments and find them to be unavailing. Concur—Mazzarelli, J.P., Sweeny, Catterson, Freedman and Roman, JJ.[Prior Case History: 2009 NY Slip Op 31158(U).]