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MATTER OF OPARK CONSTR. CORP.

42 N.Y.2d 1025 (1977)

In the Matter of the Arbitration between Opark Construction Corporation, Appellant, and Eureka Constructors, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Alfred J. Swan for appellant.

Jerrold Morgulas for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The contract negotiated by the parties provided specifically for arbitration of any dispute arising in connection with the delay claim here asserted. Although the parties subsequently entered into a settlement agreement, its effect upon the delay claim is in dispute. Since a valid provision to arbitrate exists, the issue of whether the...

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