In the Matter of AAA Carting and Rubbish Removal, Inc.
Annotate this CaseAppellant filed a petition, pursuant to CPLR article 78, to set aside the award of a contract to a third party and to direct the Town of Southeast to award the contract to appellant. At issue was whether the Town Board acted arbitrarily and capriciously and in violation of law in awarding the public bidding contract to a bidder other than the lowest responsible bidder. The court held that General Municipal Law 103 and Town Law 122 precluded a town, in an open bidding process, from choosing a higher bid merely because it subjectively believed that a higher bid was preferable and more responsible than a lower bidder based on criteria not set forth in the bidding proposal. Accordingly, the order of the Appellate Division should be reversed, with costs, and the matter remitted for further proceedings.
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