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  5. 7 N.Y.2d 476 (1960)
 

MTR. OF BD. OF EDUC. (HECKLER ELEC. CO.)

7 N.Y.2d 476 (1960)

In the Matter of the Arbitration between the Board of Education, Union Free School District No. 7, Town of North Hempstead, Great Neck, Nassau County, New York, Respondent, and Heckler Electric Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1960.

Attorney(s) appearing for the Case

Norman Roth and Max E. Greenberg for appellant.

Howard A. Rochford, C. Ellis Schiffmacher and Eugene T. Cullen for respondent.

David H. Moses for Ramapo Central School District No. 2, Clarkstown Central School District No. 1, and Union Free School District No. 8, Town of Clarkstown and Orangetown, amici curiæ.

Chief Judge DESMOND and Judges BURKE and FOSTER concur with Judge FULD; Judge FROESSEL dissents in an opinion in which Judge DYE concurs; Judge VAN VOORHIS dissents and votes to reverse and to reinstate the order of Special Term upon the ground that section 3813 of the Education Law does not apply to this situation.

FULD, J.

On January 3, 1956, the respondent Board of Education entered into a contract with Heckler Electric Company for the electrical work in the Junior and Senior High Schools which were to be constructed at Great Neck, New York. This contract was made "pursuant to the provisions of the Education Law" and subject to annexed "General Conditions". These "General Conditions" provide that "the Architect shall,...

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