MATTER OF ASSOCIATED GEN. CONTRACTORS, NEW YORK STATE CHAPTER, INC.


36 N.Y.2d 957 (1975)

In the Matter of the Arbitration between Associated General Contractors, New York State Chapter, Inc., Respondent, and Savin Brothers, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1975.


Attorney(s) appearing for the Case

Jacob I. Goodstein, Benjamin W. Mehlman and Robert E. Cohn for appellant.

La Verne F. O'Dell for respondent.

Judges JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judges JASEN and GABRIELLI concur.


Per Curiam.

The order of the Appellate Division should be affirmed.

On joining respondent association (a multi-employer collective bargaining association) each contractor-member agreed that, in the event of an alleged breach of its obligations of membership, claims of the association for damages therefor would be submitted to arbitration. In the event that the arbitrator should find that the member had violated its obligations, it was agreed that damages...

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