Legal Opinion
In Re the Arbitration Between Geneseo Central School & Perfetto & Whalen Construction Corp.
New York Court of Appeals
Decided June 18, 1981PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
This appeal requires us to construe the American Institute of Architects’ (AIA) “Standard Form of Agreement Between Owner and Contractor”. The precise question posed is whether its execution by the governing body of a school district waived the protection afforded by section 3813 of the Education Law, which, among other things, makes the filing of a written verified notice “within three months after the accrual of [a] claim” a condition precedent to the bringing of any “action or special proceeding”.
The issue is one which has divided the Appellate Divisions.…
2Cases cited12 opinions
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
- Wolfe v. Sibley Lindsay & Curr Co.New York Court of Appeals · 1975
- Nehrbas v. Incorporated Village of Lloyd HarborNew York Court of Appeals · 1957
- Strauss v. . Union Central Life Ins. Co.New York Court of Appeals · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Pima County by City of Tucson v. Maya Const. Co.Arizona Supreme Court · 1988
- Public Improvements, Inc. v. Board of EducationNew York Court of Appeals · 1982
- Walter H. Poppe General Contracting, Inc. v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2001
- Hoerger v. Board of Education of the Great Neck Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
20 more not listed; retrieve them via the Exa API.