21 A.D.2d 949 | N.Y. App. Div. | 1964
The petitioner-respondent will be referred to hereafter as the petitioner and the respondent-appellant will be denominated the Superintendent. The facts giving rise to the litigation may be stated briefly. The Department of Public Works advertised for bids for the demolition of 83 structures prior to the letting of a main highway construction contract. The specifications contained the usual reservation of the right to reject all bids. Item 76M in the proposal was for “Maintenance and Protection of Traffic ”. In the estimates this item was marked “ omitted by intent ”, an ambiguous phrase which the department interpreted to mean that, while the department had made no estimate of the cost of this item, bidders should include a bid on the item. There were four bidders. Two submitted bids on the item but the petitioner and another omitted any bid on the item. The bids of the petitioner and of the other bidder who also did