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MATTER OF NIAGARA MOHAWK POWER CORP.

52 A.D.2d 1081 (1976)

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

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

May 28, 1976

Order unanimously reversed, without costs, and parties directed to proceed to arbitration.

Memorandum:

Appellant Perfetto & Whalen Construction Corp. and respondent Niagara Mohawk Power Corporation were parties to a construction contract. The contract provided for resolution of disputes in the first instance by the project architect and ultimately by arbitration. It further provided that no demand for arbitration could be made more than 30 days from the...

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