New York Court of Appeals, 1977

In re the Arbitration between Opark Construction Corp. & Eureka Constructors, Inc.

New York Court of Appeals · Decided October 4, 1977

42 N.Y.2d 1025; 369 N.E.2d 7; 398 N.Y.S.2d 1008; 1977 N.Y. LEXIS 2363

Cases that cite this one

3 later published cases cite this decision.

Byrne v. United States (District Court, S.D. New York 1992)
Thomas v. Mitchell-Bradford Chemical Co. (District Court, E.D. New York 1984)
Evans v. Hawker-Siddeley Aviation, Ltd. (District Court, S.D. New York 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed, with costs.

*1026The contract negotiated by the parties provided specifically for arbitration of any dispute arising in connection with the delay claim here asserted. Although the parties subsequently entered into a settlement agreement, its effect upon the delay claim is in dispute. Since a valid provision to arbitrate exists, the issue of whether the delay claim was released by the settlement agreement is for the arbitrator to determine. (Matter of Riccardi [Modern Silver Linen Supply Co.], 45 AD2d 191, affd 36 NY2d 945.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.