Opinion
December 5, 1991
Appeal from the Supreme Court, New York County (Kenneth L. Shorter, J.).
The record amply supports the IAS court's finding that it was unreasonable for the City to reject petitioner's low bid on a contract to furnish all labor and material necessary for the City's help wanted advertising and award it to respondent Equity Advertising Agency, Inc. without conducting a thorough examination of petitioner's computer system and its capabilities. Nevertheless, inasmuch as the subject contract covered the period from July 1, 1989 through June 30, 1991 and has now expired by its terms, the petition should be dismissed as moot.
While petitioner may bring this proceeding to review the award of the contract to one other than the lowest responsible bidder, it is not entitled to recover damages from the City. (Matter of Allen v Eberling, 24 A.D.2d 594; see also, Verblaw Motor Truck Sales v Town of Olean, 105 A.D.2d 1073; Annotation, Public Contracts: Low Bidder's Monetary Relief Against State Or Local Agency For Nonaward Of Contract, 65 ALR4th 93; 10 McQuillin, Municipal Corporations § 29.86 [3d rev ed].)
Concur — Carro, J.P., Wallach, Kupferman, Asch and Kassal, JJ.