Legal Opinion

Sisters of Saint John the Baptist, Providence Rest Convent v. Phillips R. Geraghty Constructor, Inc.

New York Court of Appeals

Decided May 8, 1986PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the petition to stay arbitration denied.

Respondent, Phillips R. Geraghty Constructor, Inc., contracted with petitioner, the Sisters of St. John the Baptist, to renovate their convent, an old building then in disrepair. The agreement — essentially, the American Institute of Architects Abbreviated Form of Agreement Between Owner and Contractor — was a limited-scope construction contract for the stipulated sum of $592,000. In a rider, the parties provided for added allowances for "changes in…

2Cases cited2 opinions

  1. In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
  2. Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975

3Cited by42 opinions

  1. Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
  2. State v. Philip Morris Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Liberty Management & Construction Ltd. v. Fifth Avenue & Sixty-Sixth Street Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Revis v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2020
  5. Degraw Construction Group, Inc. v. McGowan Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2017

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