BD. OF EDUC., UTICA v. DELLE CESE


65 Misc.2d 473 (1971)

Board of Education, Utica School District No. 1, Plaintiff, v. Frank C. Delle Cese et al., Defendants.

Supreme Court, Oneida County.

February 11, 1971


Attorney(s) appearing for the Case

Ernest P. Felt for William S'Doia, doing business as S & D Construction Co., defendant. John M. Freyer for Dale Engineering Company, Inc., defendant. Robert R. Cafarell for Frank C. Delle Cese, defendant. Alan J. Goldberg for plaintiff.


J. ROBERT LYNCH, J.

The defendant S'Doia herein moves for summary judgment dismissing the complaint on the grounds raised by his affirmative defenses that: (1) any claim against him has been discharged by the plaintiff's acceptance of his work and final payment to him; (2) arbitration is by contractual necessity a condition precedent to suit and that the time to demand arbitration has expired; (3) the plaintiff...

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