The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 were read on this motion to/for ARTICLE 78 (BODY OR OFFICER). For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules and a Declaratory Judgment under CPLR §3001 DECISION + ORDER ON MOTION Petitioners NYCRA Affiliates, LLC (NYCRA), JLJ IV Enterprises, Inc. (JLJ), ADC Construction, LLC (ADC), DiFazio Industries, LLC (DiFazio Industries), Perfetto Contracting, Co., Inc., (Perfetto Contracting), and J. Pizzirusso Landscaping Corp. (JPL) (JLJ, ADC, DiFazio Industries, Perfetto Contracting and JPL, collectively, the Individual Contractors) (NYCRA and the Individual Contractors, together, petitioners) commenced this CPLR article 78 proceeding and declaratory judgment action against respondents Letitia James, in her official capacity as Attorney General of the State of New York, Thomas Foley (Foley), in his official capacity as Commissioner of the City of New York Department of Design and Construction, Brad Lander (Lander), in his official capacity as Comptroller of the City of New York, and the City of New York (City) (collectively, respondents), for an order declaring the joint bidding contract provisions, revised as of November 9, 2021, found in the City’s public work contracts violates New York State Constitution, article I, §6, and General Municipal Law §103, and for an order temporarily or permanently enjoining the City’s solicitation of bids on contracts that contain the allegedly illegal contract specifications. For the reasons set forth below, the petition is granted in part. Background NYCRA is a domestic limited liability company whose members are members of the New York Road Contractors Association, an affiliated group of contractors who perform construction on streets and roads within the New York Metropolitan area (NYSCEF Doc No. 1, petition
31-42). NYCRA’s members are City taxpayers with assessments of at least $1,000 (id., 44). JLJ, ADC, DiFazio Industries, Perfetto Contracting, JPL are corporations or limited liability companies organized in New York, where they maintain principal places of business and pay City and State taxes (id.,
