Matter of C.K. Rehner, Inc. (City of New York)

In Matter of C.K. Rehner, Inc. (City of New York), 106 A.D.2d 268, the Court found that the respondent's rejection of petitioner's bid due to petitioner's failure to submit a financial questionnaire pursuant to the bid instructions was neither arbitrary nor capricious since the bid did not conform to the bid specifications. In doing so, it rejected the trial court's conclusion that the omission of the financial statement was a "curable irregularity" (at 269).