Legal Opinion
In re the Arbitration between the Board of Education & Wager Construction Corp.
New York Court of Appeals
Decided July 2, 1975PublishedCited by 96 opinions
1Opinion of the Court
Chief Judge Breitel.
These are two separate appeals in proceedings to stay arbitration (CPLR 7503, subd [b]). The proceedings were brought by two boards of education in resisting demands for arbitration by building contractors with whom they had disputes. Each board contends that its contractor failed to comply with section 3813 of the Education Law, which requires that a verified written claim must have been presented to the board "within three months after the accrual of such claim”, before bringing any "action or special proceeding” against the board.
The principal issue is whether section…
2Cases cited14 opinions
- Winbush v. City of Mount VernonNew York Court of Appeals · 1954
- In re the Arbitration between City School District & Poughkeepsie Public School Teachers Ass'nNew York Court of Appeals · 1974
- Matter of Long Is. Lbr. Co.(martin)New York Court of Appeals · 1965
- Waterman v. StateAppellate Division of the Supreme Court of the State of New York · 1963
- In re the Arbitration between the Board of Education, Union Free School District No. 7 & Heckler Electric Co.New York Court of Appeals · 1960
9 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- United Nations Development Corp. v. Norkin Plumbing Co.New York Court of Appeals · 1978
- 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
91 more not listed; retrieve them via the Exa API.