162 Misc. 1 | N.Y. Sup. Ct. | 1937
This is a motion to dismiss the complaint by one who it may be assumed was the lowest responsible bidder on an invitation for bids for transportation of school children. On the day the corporation counsel advised the acceptance of plaintiff’s bid, a rival, Children’s Bus Service, Inc., which was a higher bidder, instituted mandamus proceedings and served a stay of the award. Later the stay was vacated and Children’s Bus Service, Inc., without notice to and knowledge of plaintiff, was permitted to reduce its bid and received the award. This action is brought for damages against the board of education.
The motion to dismiss the complaint is granted. Settle order.