MATTER OF METHODIST CHURCH (GLEN-RICH CONSTR.)


27 N.Y.2d 357 (1971)

In the Matter of the Arbitration between Methodist Church of Babylon, Appellant, and Glen-Rich Construction Corp., Respondent.

Court of Appeals of the State of New York.

Decided January 6, 1971.


Attorney(s) appearing for the Case

Edwin Efros for appellant.

Harry Rappaport for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, and BERGAN concur with Judge GIBSON; Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.


GIBSON, J.

The appeal involves the provisions for arbitration, and more particularly the conditions precedent to arbitration, expressed in a general contract for the construction of a building. Prior to completion, leakage occurred in the duct work for an air conditioning and hot air heating system, as installed by a subcontractor, and remedial repairs were made. Following the completion of the contract and final...

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