| Matter of Catapult Learning, LLC v New York City Dept. ofEduc. |
| 2013 NY Slip Op 05959 [109 AD3d 731] |
| September 24, 2013 |
| Appellate Division, First Department |
| In the Matter of Catapult Learning, LLC,Respondent, v New York City Department of Education,Appellant. |
—[*1] 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 CPLRarticle 78 seeking to compel the New York City Department of Education to redactinformation about pricing, budget, and insurance from petitioner's contract proposal andthe 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 essentialinformation about its previously successful approach to bidding for educational servicescontracts (see Matter of Encore Coll. Bookstores v Auxiliary Serv. Corp. of StateUniv. of N.Y. at Farmingdale, 87 NY2d 410 [1995]). Concur—Friedman, J.P.,Freedman, Richter, Feinman and Gische, JJ.