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MATTER OF BAKER (BD. OF EDUC.)

309 N.Y. 551 (1956)

In the Matter of the Arbitration between Ervay J. Baker, Appellant, and Board of Education of Central School District No. 2 of the Towns of Bath, Cameron, Wheeler, Urbana, Thurston, Avoca and Howard, Steuben County, et al., Respondents. In the Matter of the Arbitration between Ervay J. Baker et al., Appellants, and Board of Education of Central School District No. 2 of the Towns of Bath, Cameron, Wheeler, Urbana, Thurston, Avoca and Howard, Steuben County, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1956

Attorney(s) appearing for the Case

Nicholas E. Brown and Elliott Horton, III, for Ervay J. Baker, appellant.

George J. Skivington for Board of Education of Central School District No. 2 and another, respondents.

Carrollton A. Roberts for Thomas L. White and another, respondents in the first above-entitled proceeding and appellants in the second above-entitled proceeding.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur; DYE, J., taking no part.

BURKE, J.

The board of education as "Owner" entered into a contract with two architectural firms; Ervay J. Baker of Hammondsport, New York, the appellant, and White and Helm of Geneva, New York, as "Architect" in connection with the construction of school buildings at Bath, New York. The contract between the owner and the architect contained an arbitration clause which...

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