DEV. CORP. v. CONDUIT


41 N.Y.2d 167 (1976)

Pearl Street Development Corporation, Appellant, v. Conduit and Foundation Corporation, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1976.


Attorney(s) appearing for the Case

Arnold I. Roth, Leonard H. Rubin and Jeffrey L. Braun, New York City, for appellant.

Alvin Goldstein and Murray T. Berman, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

We hold that in this instance under a broad arbitration clause it is for the arbitrators, as one aspect of their consideration of the claim on its merits, to resolve questions of interpretation of the contract documents, on the outcome of which will depend whether there are requirements preliminary to the presentation of this claim to arbitration, and, if so, then to determine whether there has been...

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