MATTER OF VINCENT J. SMITH, INC.


19 A.D.2d 763 (1963)

In the Matter of the Arbitration between Vincent J. Smith, Inc., Appellant, and B. W. Lauri Trucking, Inc., Respondent

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

July 15, 1963


The case involves a dispute between the general contractor on a very large building construction project and a subcontractor. Between the two was a complicated, lengthy and detailed written contract. Specified therein is an item which provides that the subcontractor will be paid $30 per cubic yard for rock excavation in "trench and footings" and $20 per cubic yard for "mass rock excavation". The fact that the provision fixing $20 per cubic yard for mass rock excavation was...

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