From Casetext: Smarter Legal Research

IMSG System, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1991
170 A.D.2d 261 (N.Y. App. Div. 1991)

Opinion

February 14, 1991

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).


Contrary to petitioner's contentions, we find John Jay College made no changes in its bid specifications but rather merely reassessed the way it evaluated the information it received via the bidding standards, which were then uniformly applied. The College's decision to use the ratings from each applicant's references in the chronological order in which they were obtained was rational, and not inconsistent with the bidding standards set forth by John Jay College (see generally, Matter of Tri-State Aggregates Corp. v Metropolitan Transp. Auth., 108 A.D.2d 645). Petitioner never requested a hearing before the IAS Court. In any event, petitioner's conclusory allegations, which are based only upon information and belief, and are refuted by evidentiary proof, are insufficient to raise a triable issue of fact (see, Matter of Gilheany v Civil Serv. Employees Assn., 59 A.D.2d 834, 836).

Concur — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ.


Summaries of

IMSG System, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1991
170 A.D.2d 261 (N.Y. App. Div. 1991)
Case details for

IMSG System, Inc. v. City of New York

Case Details

Full title:In the Matter of IMSG SYSTEMS, INC., Appellant, v. CITY OF NEW YORK et…

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

Date published: Feb 14, 1991

Citations

170 A.D.2d 261 (N.Y. App. Div. 1991)

Citing Cases

Linden Airport Management Corp. v. New York City Economic Development Corp.

Furthermore, the EDC determined that Linden failed to satisfy the Committee's concerns about the financial…