R.A.K. Industries v. Village of Saranac Lake, Inc.

Citations: 100 A.D.2d 708; 474 N.Y.S.2d 626; 1984 N.Y. App. Div. LEXIS 17691

Court: Appellate Division of the Supreme Court of the State of New York; March 28, 1984; New York; State Appellate Court

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An appeal was made from an order by the Supreme Court at Special Term, which denied the defendant's motion to dismiss a complaint filed by the plaintiff seeking $8,388.90 for goods sold and an additional $199.50 for shipping charges. The defendant argued that the complaint should be dismissed because the sales violated subdivision 1 of section 103 of the General Municipal Law, which mandates competitive bidding for contracts exceeding $3,000. The defendant claimed that the goods purchased (chains, hooks, nuts, and bolts) were acquired through a single contract, thus exceeding the bidding threshold.

In contrast, the plaintiff argued that section 103 does not apply for two reasons: first, the plaintiff asserted that the goods were ordered in four separate transactions, each under $3,000, supported by four distinct invoices from January to April 1982. This assertion raises a factual question that could invalidate the application of section 103, as established in prior case law. Second, the plaintiff contended that emergency circumstances may have precluded competitive bidding.

Given these unresolved factual questions, the court found it inappropriate to grant either the defendant’s motion to dismiss or the plaintiff’s cross-motion for summary judgment. The order of the Special Term was affirmed, with costs awarded to the plaintiff. The court also noted that the Special Term did not provide a written decision and that the plaintiff's motion for summary judgment was premature since no issue had been joined at that stage of the proceedings.