MATTER OF HERBERT G. MARTIN, INC.


277 A.D. 904 (1950)

In the Matter of the Arbitration between Herbert G. Martin, Inc., Respondent, and Municipal Housing Authority for the City of Yonkers, Appellant

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

June 26, 1950.


Order granting motion of respondent, a contractor, for an order directing arbitration of its claim for damages occasioned by reason of alleged delay of the owner in enabling the contractor to start the work, reversed on the law, without costs, and the motion denied, without costs.

The pertinent provisions of the contract, construed literally, exculpate the authority from a damage claim based on its fault. Where, however, a claimed fault results in damage to the contractor...

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