Legal Opinion
In re Brenda DeLuca Trust
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2013Published
1Opinion of the CourtStein, J.
Appeal from an order and judgment of the Supreme Court (McDonough, J.), entered December 21, 2011 in Albany County, which granted petitioners’ application pursuant to CPLR 7503 to stay arbitration between the parties.
Pursuant to a letter of intent, respondent began to perform landscaping services for petitioner Brenda DeLuca Trust in July 2005 in conjunction with the construction of a custom home. Thereafter, the parties’ agreement was reduced to a written contract that, among other things, incorporated the terms of the “General Conditions of the Contract for Construction” of the American…
2Cases cited6 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- In re the Arbitration between Board of Education of the Schenevus Central School District & Merritt Meridian Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- In re the Arbitration between Town of Queensbury & Joseph R. Wunderlich, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- In re the Arbitration between Spencer-Van Etten Central School District & A. Roy Auchinachie & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Lakeland Fire District v. East Area General Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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