Legal Opinion
In re the Arbitration between Spencer-Van Etten Central School District & A. Roy Auchinachie & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 1992PublishedCited by 6 opinions
1Opinion of the Court
— Mikoll, J.
The question presented on this appeal is whether compliance with a 21-day notice provision in the parties’ contract is a condition precedent to arbitration or a condition in arbitration. In our view, it is a condition in arbitration and, accordingly, Supreme Court erred in finding that respondent failed to comply with conditions precedent to arbitration.
Respondent, a plumbing and heating contractor, contracted with petitioner on or about May 9, 1989 to perform certain work involving the reconstruction of the Spencer and Van Etten Elementary Schools and the Van Etten High School in *856…
2Cases cited4 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- In re the Arbitration between Town of Queensbury & Joseph R. Wunderlich, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- In re the Arbitration between J.M. Weller Associates, Inc. & CharleboisAppellate Division of the Supreme Court of the State of New York · 1991
- In re the Arbitration between South Orangetown Central School District & Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- In re the Arbitration between Board of Education of the Schenevus Central School District & Merritt Meridian Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Lakeland Fire District v. East Area General Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- In re Arbitration between Klein, Inc. & G.P. Winter AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
- Barbalious v. Exterior Wall Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- In re Brenda DeLuca TrustAppellate Division of the Supreme Court of the State of New York · 2013
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