(DOWNLOAD) "Julius M. Gerzof v. Robert J. Sweeney" by Court of Appeals of New York " Book PDF Kindle ePub Free

eBook details

Title: Julius M. Gerzof v. Robert J. Sweeney
Author : Court of Appeals of New York
Release Date : January 28, 1965
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

In this taxpayer's action, brought pursuant to section 51 of the General Municipal Law, the plaintiff seeks (1) a judgment annulling the resolution of the Board of Trustees of the Village of Freeport which awarded a contract to the defendant Nordberg Manufacturing Co. for the purchase and installation of electric power equipment and (2) either an injunction to restrain the trustees from performing such contract or, in the alternative, damages. In essence, it is the taxpayer's plaint that the contract specifications were so drawn as to prevent and preclude competitive bidding by manufacturers other than the defendant Nordberg. Following presentation of the plaintiff's evidence, the trial court, on motion, dismissed the complaint after the defendants had rested without offering any proof on their behalf. The Appellate Division affirmed and we granted permission to appeal. It is our conclusion that the evidence in the record before us establishes, as a matter of law, that judgment should have been rendered in favor of the plaintiff.