Opinion
October 9, 1984
Appeal from the Supreme Court, Westchester County (Beisheim, J.).
Order dated May 10, 1984 reversed insofar as appealed from, on the law, order dated March 28, 1984 vacated, motion granted, it is declared that plaintiff is not entitled to conveyance of the parcels of real property known as 44 Jackson Street and 310-326 South Fulton Avenue and designated, respectively, as lot 3, block 3146, and lots 4, 6, 7 and 8, block 3150, on the tax assessment map of the defendant City of Mount Vernon, and in all other respects, amended complaint dismissed.
One bill of costs is awarded to the appellants appearing separately and filing separate briefs.
The designation of defendant Findlay as the preferred developer of the subject property is supported by the record and appears to be in the best interest of the taxpayers ( Matter of Mathalia Motors v City of Oneida, 105 Misc.2d 843, aff'd 84 A.D.2d 637). Moreover plaintiff's claims that Findlay's bid proposal did not comply with the requirements of the prospectus published by the City of Mount Vernon and that Findlay received preferential treatment, are without factual basis in the record. In the absence of any triable issues of fact, Special Term should have declared the rights of the parties ( Lanza v Wagner, 11 N.Y.2d 317, 334, app dsmd 371 U.S. 74, cert. den. 371 U.S. 901) and the balance of the complaint seeking an injunction and damages should have been dismissed ( Green Assoc. v Board of Educ., 96 A.D.2d 850). Mangano, J.P., Gibbons, O'Connor and Boyers, JJ., concur.