D’Angelo v. Cole – Case Brief Summary (New York)

In D'Angelo v. Cole (67 NY2d 65, 490 NE2d 819, 499 NYS2d 900 [1986]), the Court of Appeals held a village ordinance unconstitutional to the extent that a village could not recover the price of road improvement expenditures it made from a private road owner where the recoupment of such expenditures violated the General Municipal Law, which required a competitive bidding process.

This, held the court, was because General Municipal Law former § 103 required projects over $5,000, such as the project in question in that matter, to be submitted to competitive bidding.

The court held that where "competitive bidding is statutorily required, and the municipality fails to follow that procedure, the contract is completely, not partially, void" (id. at 70 ).