Legal Opinion

In re the Arbitration between Eagar Construction Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1938PublishedCited by 15 opinions

1Opinion of the CourtDore, J.

In July, 1937, petitioner, a contractor, and defendant, an owner, entered into a contract for the construction of a motion picture theatre at New Rochelle, N. Y., for the agreed price of $65,875. The contractor claimed $9,949.98 for extra work, labor and services performed, and extra materials furnished, and the sum of $6,587.50 for the retained percentage held by the owner; and *292asked that the defendant be compelled to proceed to arbitration upon the claims. The order appealed from directed defendant to proceed “ to the arbitration of all claims, demands, disputes and controversies arising…

2Cases cited4 opinions

  1. Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934
  2. In Re the Arbitration Between Priore & SchermerhornNew York Court of Appeals · 1923
  3. Wolkind v. BermanAppellate Division of the Supreme Court of the State of New York · 1931
  4. 251 West 30th Street Corp. v. Joseph Elias & Co.Appellate Division of the Supreme Court of the State of New York · 1929

3Cited by15 opinions

  1. B. FERNANDEZ & HNOS., S. EN C. v. Rickert Rice Mills, Inc.Court of Appeals for the First Circuit · 1941
  2. Osborne & Thurlow v. Hirsch & Co.New York Supreme Court · 1958
  3. In re the Arbitration between New York Central Railroad & Erie RailroadNew York Supreme Court · 1961
  4. In re the Arbitration between Frouge Corp. & New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1966
  5. In re the Arbitration between Chiappinelli-Marx, Inc., & B & L Construction Corp.New York Supreme Court · 1961

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