Legal Opinion
Diesel Construction Co. v. Stewart Tenants Corp.
New York Supreme Court
Decided April 23, 1962PublishedCited by 2 opinions
1Opinion of the Court
William C. Hecht, Jr., J.
This is a motion to stay arbitration upon the grounds that there is no contract between the parties in this proceeding, that the claims are barred by the failure to assert the same timely; that parts of the claims are beyond the scope of the contract.
The petitioner, Diesel Construction Company, Inc. (Diesel), by written contract dated March 13, 1959 undertook to build for 70 East 10th St. Corp. (70 East) an apartment building on a plot to be known as 70 East 10th Street, New York City.
The petitioner contends that the respondent Stewart Tenants Corp.’s rights, if any,…
2Cases cited4 opinions
- People v. RichettiNew York Court of Appeals · 1951
- Milton L. Ehrlich, Inc. v. Swiss Construction Corp.New York Supreme Court · 1960
- In re the Arbitration between Finkelstein & HarrisNew York Supreme Court · 1961
- In re the Arbitration between Simplex Machine Tool Corp. & Swind Machinery Co.New York Supreme Court · 1955
3Cited by2 opinions
- Brick Tp. Mun. Util. Auth. v. Diversified RB & T. Construction Co.New Jersey Superior Court Appellate Division · 1979
- Pioneer Acceptance Corp. v. Irving Coven Construction, Inc.Massachusetts Appeals Court · 1976