Legal Opinion
In re the Arbitration between Niagara Mohawk Power Corp. & Perfetto & Whalen Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1976No. Appeal No. 1PublishedCited by 1 opinion
1Opinion of the Court
Order unanimously reversed, without costs, and parties directed to proceed to arbitration. Memorandum: Appellant Perfetto & Whalen Construction Corp. and respondent Niagara Mohawk Power Corporation were parties to a construction contract. The contract provided for resolution of disputes in the first instance by the project architect and ultimately by arbitration. It further provided that no demand for arbitration could be made more than 30 days from the date of receipt of a written decision by the architect stating that such decision is "final but subject to appeal.” The record reveals a…
2Cases cited4 opinions
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- First National Bank v. National Surety Co.New York Court of Appeals · 1920
- In Re the Arbitration Between Wilaka Construction Co. & New York City Housing AuthorityNew York Court of Appeals · 1966
- In re the Arbitration between Frouge Corp. & New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1966
3Cited by1 opinion
- In re the Arbitration between Niagara Mohawk Power Corp. & Perfetto & Whalen Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1976