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MATTER OF L&M BUS CORP. v. NEW YORK CITY DEPT. OF EDUC.

7833N. 152673/18.

167 A.D.3d 454 (2018)

90 N.Y.S.3d 23

2018 NY Slip Op 08366

In the Matter of L&M Bus Corp. et al., Respondents-Appellants, v. New York City Dept. of Education et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 6, 2018.

The court correctly granted the petition to the extent of enjoining respondents from soliciting, accepting, opening, or awarding any contracts pursuant to the challenged 2017 request for a bid that includes certain employee protection provisions (EPPs).

As in Matter of L&M Bus Corp. v New York City Dept. of Educ. (17 N.Y.3d 149 [2011]), given the inclusion in the bid solicitation of the EPPs, which are atypical, patently...

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