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

New York Court of Appeals October 4, 1977

In re the Arbitration between Opark Construction Corp. & Eureka Constructors, Inc., 42 N.Y.2d 1025 (N.Y. 1977)

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

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.

Reference

Full Case Name: In the Matter of the Arbitration between Opark Construction Corporation, and Eureka Constructors, Inc.
Cited By: 3 cases
Status: Published