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MATTER OF A. E. OTTAVIANO, INC. v. TALLAMY

277 A.D. 929 (1950)

In the Matter of A. E. Ottaviano, Inc., Appellant, v. Bertram D. Tallamy, as Superintendent of Public Works of The State of New York, et al., Respondents, and Shanahan Construction Co., Inc., Impleaded Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

The petitioner was an unsuccessful bidder for a contract for the construction of a portion of the Newburgh-Woodbury State Highway No. 42. Located upon the site designed for improvement were fourteen buildings. The specifications reserved to the State the right to the employment of any of three methods for the riddance of any or all the buildings and required the bidders to submit a lump sum bid price for getting rid of twelve of the buildings by whichever of two of the specified...

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