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MTR. OF INGARDIA CONST. (DYKER BLDG.)

14 A.D.2d 23 (1961)

In the Matter of the Arbitration between Ingardia Construction Co., Inc., Appellant-Respondent, and Dyker Building Co., Inc., Respondent-Appellant

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

July 6, 1961.

Attorney(s) appearing for the Case

Sidney O. Raphael of counsel (Leo M. Drachsler with him on the brief; Raphael, Searles & Vischi, attorneys), for appellant-respondent.

David L. Weissman of counsel (Samuel Kramer with him on the brief; Kramer & Kaprow, attorneys), for respondent-appellant.

McNALLY and STEUER, JJ., concur with VALENTE, J.; RABIN, J. P., concurs in the result on the ground that there had been a submission and trial of the issue determined by the arbitrators; EAGER, J., dissents in part in memorandum.

VALENTE, J.

These are cross appeals from an order at Special Term confirming in part and modifying in part an award in arbitration. The award was in favor of petitioner, Ingardia Construction Co., Inc. (Ingardia), in the net sum of $303,576.54 after giving effect to an award in favor of the respondent owner, Dyker Building Co., Inc. (Dyker), on its counterclaim in the sum of $63,079.06. Of the award to petitioner...

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