# Nassau Roofing & Sheet Metal Co. v. Facilities Development Corp.

> Appellate Division of the Supreme Court of the State of New York · June 21, 1979 · 70 A.D.2d 1021

URL: https://www.frixlaw.com/law-library/cases/5834864

## Case

- **Full name:** Nassau Roofing & Sheet Metal Co., Inc. v. Facilities Development Corporation, Formerly Health & Mental Hygiene Facilities Improvement Corporation
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 21, 1979
- **Citations:** 70 A.D.2d 1021; 418 N.Y.S.2d 216; 1979 N.Y. App. Div. LEXIS 12655
- **Precedential status:** Published
- **Opinion:** Dissent by Herlihy
- **Judges:** Herlihy, Kane
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5834864

## Opinion text

Herlihy, J.
(dissenting). The present record discloses that there was some evidence in support of the determination of the agency, but whether or not the record of that proceeding would show such evidence to be substantial evidence is not established herein. The movant quoted portions of the record which tend to establish a failure of due process and otherwise tend to show that there might be reason to doubt the substantiality of the evidence establishing fault on the movant’s part. Special Term specifically found a denial of due process (bias) and at the present posture of this proceeding I do not find that Special Term abused its discretion in granting the motion. Insofar as it is suggested that there would be substantial harm to the Facilities Development Corporation, it would seem apparent that appropriate supervision of the contractor’s performance is all the protection it would need. The order should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5834864. Public record. Not legal advice.