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MTR. OF PACCIONE v. BD. OF EDUC.

20 Misc.2d 896 (1959)

In the Matter of Gerald A. Paccione, Doing Business as Ultra Fuel Company, Petitioner, v. Board of Education of the City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

October 30, 1959.

Attorney(s) appearing for the Case

Mario Avallone for petitioner.

Charles H. Tenney, Corporation Counsel (Leon A. Fischel and Jacob Robinson of counsel), for Board of Education and another, respondents.

Tomback & Tomback for H. Liebliech & Co. Inc., respondent.

FRANCIS X. CONLON, J.

The Education Law requires that the contract be awarded to the lowest responsible bidder (§ 2556, subd. 10). The word "responsible" is, however, not limited to financial or pecuniary responsibility but is broad enough to include the bidder's ability to perform the contract according to its terms (Wilson v. New Castle City, 301 Pa. 358; Duboise Constr. Co. v. City of South...

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