MATTER OF G R ELECTRICAL CONTRACTORS v. EGAN, 57 N.Y.2d 721 (1982)

454 N.Y.S.2d 710, 440 N.E.2d 795

In the Matter of G R ELECTRICAL CONTRACTORS, INC., Appellant, v. JOHN C. EGAN, as Commissioner of the Office of General Services of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.
Decided September 8, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE E. KAHN, J.

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Laurence I. Fox for appellant.

Robert Abrams, Attorney-General (Richard J. Dorsey of counsel), for respondents.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the opinion by Justice PAUL A. YESAWICH, JR., at the Appellate Division to which we add only that appellant’s argument based upon Vitanza v City of New York (40 N.Y.2d 872) is misplaced. The Vitanza case involved a plumbing contract which by State licensing statute could not be awarded to one not a licensed plumber. In the instant case, we deal with a bid condition which specified that the “Installer”, as distinct from the contractor, be listed by Underwriters Laboratories.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.