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GEN. RY. SIGNAL CORP. v. L.K. COMSTOCK & CO., INC.

254 A.D.2d 759 (1998)

678 N.Y.S.2d 208

General Railway Signal Corporation, Appellant, v. L.K. Comstock & Company, Inc., et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 2, 1998

Order unanimously reversed on the law with costs and motion denied.

Memorandum:

This appeal involves the issue whether the "flow-down" provisions of the subcontract between plaintiff and defendant L.K. Comstock & Company, Inc. (Comstock), make the subcontract subject to the alternative dispute resolution provisions in Comstock's prime contract. In 1991, Comstock entered into a contract with the Metropolitan Transportation Authority, acting through the...

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