ELORA REALTY, INC. v. WILLIAM SAVAGE, INC.


305 N.Y. 842 (1953)

In the Matter of the Arbitration between Elora Realty, Inc., Appellant, and William Savage, Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1953


Attorney(s) appearing for the Case

Samuel Lawrence Brennglass, Lloyd L. Rosenthal and Arthur Karger for appellant.

Samuel Feldman for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and VAN VOORHIS, JJ., concur in Per Curiam opinion; FROESSEL, J., dissents in opinion in which FULD, J., concurs.


Per Curiam.

It is unnecessary to decide whether or not article 40 is a general arbitration clause since the dispute in this instance is as to a matter which, by article 39, is specifically made subject to arbitration by way of appeal from a decision of the architect. Although respondent's demand for arbitration was, under article 39, premature since served before the architect had rendered a decision, that irregularity...

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