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Matter of Bellwine Improvement Corporation

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1942
265 App. Div. 865 (N.Y. App. Div. 1942)

Opinion

November 9, 1942.


Order granting respondent's application to direct arbitration of certain differences between the parties arising out of a building contract reversed on the law, without costs, and the motion denied, without costs. The contract expressly provides that "any disputes between the contracting parties in the course of the construction of the new building, such as disputes about * * * cost of Extras * * *" shall be arbitrated. It further provides that if the disputes between the parties be too numerous for the designated arbitrator to handle, or if he be unable to continue for other reasons, the parties "agree to select a new arbitrator before proceeding with any further work." The item for which payment of $2,400 is now demanded represents a claim for extras and it is conceded that no such claim was made during the course of construction but only after the building was completed. Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ., concur.


Summaries of

Matter of Bellwine Improvement Corporation

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1942
265 App. Div. 865 (N.Y. App. Div. 1942)
Case details for

Matter of Bellwine Improvement Corporation

Case Details

Full title:In the Matter of the Arbitration between BELLWINE IMPROVEMENT CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 9, 1942

Citations

265 App. Div. 865 (N.Y. App. Div. 1942)