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MATTER OF NIAGARA MOHAWK POWER CORP.

40 N.Y.2d 986 (1976)

In the Matter of the Arbitration between Niagara Mohawk Power Corporation, Appellant, and Perfetto & Whalen Construction Corp., Respondent. (Appeal No. 1.) In the Matter of the Arbitration between Niagara Mohawk Power Corporation, Appellant, and Perfetto & Whalen Construction Corp., Respondent. (Appeal No. 2.)

Court of Appeals of the State of New York.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Anthony J. Fazio for appellant.

Brian M. Cole for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

In each case: Order affirmed, with costs, on the memorandum at the Appellate Division (52 A.D.2d 1081

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