In re the Arbitration between Geneseo Central High School & Perfetto & Whalen Construction Corp.

Judgment unanimously reversed, without costs, and motion denied. Memorandum: Respondent contractor appeals from a judgment permanently staying arbitration between the parties. Respondent filed a notice of claim for delay damages in the performance of its contract for the construction of a new school for petitioner. The trial court found that respondent’s damages were ascertainable on or before June 24, 1975, the time at which the contract was substantially performed, and held that the notice of claim presented to petitioner on December 22, 1975 was not timely under subdivision 1 of section…