Legal Opinion

JGA Construction Corp. v. Burns Electric Co.

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

Decided December 23, 1988PublishedCited by 4 opinions

1Opinion of the Court

— Order unanimously affirmed without costs. Memorandum: Petitioner, JGA Construction Corporation (JGA), appeals from an order denying its application for a stay of arbitration (see, CPLR 7503 [b]). JGA argues that no valid agreement to arbitrate was made.

The parties entered into a subcontract whereby respondent, Burns Electric Co., Inc. (Burns), agreed to perform electrical work on a project known as The Galleries of Syracuse. Article 13 of the subcontract contained language providing for the resolution of all claims and disputes by arbitration. Article 1 of the subcontract incorporated by…

2Cases cited5 opinions

  1. In re the Arbitration between the Acting Superintendent of Schools of Liverpool Central School District v. United Liverpool Faculty Ass'nNew York Court of Appeals · 1977
  2. In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
  3. Zion v. KurtzNew York Court of Appeals · 1980
  4. Brennan v. A. G. Becker, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Village of Jordan v. Memphis Construction Co.Appellate Division of the Supreme Court of the State of New York · 1985

3Cited by4 opinions

  1. Pagaduan v. Carnival Corp.Court of Appeals for the Second Circuit · 2017
  2. Alamo Contract Builders, Inc. v. CTF Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Bank of New York Mellon Trust Co. v. Merrill Lynch Capital Services Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Bank of New York Mellon Trust Co. v. Merrill Lynch Capital Services Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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