Matter of Catapult Learning, LLC v New York City Dept. of Educ. (2013 NY Slip Op 05959)

Matter of Catapult Learning, LLC v New York City Dept. of Educ.

2013 NY Slip Op 05959 [109 AD3d 731]

September 24, 2013

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 30, 2013

In the Matter of Catapult Learning, LLC, Respondent,
v
New York City Department of Education, Appellant.

—[*1] Michael A. Cardozo, Corporation Counsel, New York (David A. Rosinus, Jr. of counsel), for appellant.

Genova Burns Giantomasi Webster LLC, New York (Jisha V. Dymond of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Cynthia S. Kern, J.), entered January 24, 2012, granting the petition brought pursuant to CPLR article 78 seeking to compel the New York City Department of Education to redact information about pricing, budget, and insurance from petitioner's contract proposal and the resulting contract between the parties, unanimously affirmed, without costs.

The court correctly determined that disclosure of the aforementioned materials, which had been requested by a nonparty pursuant to the Freedom of Information Law, would likely result in substantial competitive injury to petitioner, by revealing essential information about its previously successful approach to bidding for educational services contracts (see Matter of Encore Coll. Bookstores v Auxiliary Serv. Corp. of State Univ. of N.Y. at Farmingdale, 87 NY2d 410 [1995]). Concur—Friedman, J.P., Freedman, Richter, Feinman and Gische, JJ.