Opinion
March 22, 1976
In consolidated proceedings pursuant to CPLR article 78, in which each petitioner inter alia seeks to compel respondents to award it a certain contract, and in which respondents cross-moved to dismiss the petitions, petitioner Washington Moving Storage Company, Inc., appeals from so much of a judgment of the Supreme Court, Kings County, dated April 14, 1975, as dismissed its petition. Judgment modified by deleting from the second decretal paragraph thereof, which determined the cross motion, the word "denied", and by substituting therefor the word "granted". As so modified, judgment affirmed insofar as appealed from, with $50 costs and disbursements to respondents. Appellant failed to establish that respondents' action in rejecting all bids was either arbitrary and capricious or the result of fraud or bad faith (see Matter of Bielec Wrecking Lbr. Co. of Syracuse v McMorran, 21 A.D.2d 949, 950; Matter of Kayfield Constr. Corp. v Morris, 15 A.D.2d 373, 378-379; Walsh v Mayor of the City of New York, 113 N.Y. 142, 146-147). The modification is necessary in order to conform the judgment to the decision and to the obvious intention of Special Term. Hopkins, Acting P.J., Cohalan, Christ, Shapiro and Titone, JJ., concur.