MATTER OF ROCKLAND (PRIMIANO CONSTR.)


51 N.Y.2d 1 (1980)

In the Matter of the Arbitration between the County of Rockland, Respondent, and Primiano Construction Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1980.


Attorney(s) appearing for the Case

Eugene Schaffel for appellant.

Marc L. Parris, County Attorney (Martin Hurwitz of counsel), for respondent.

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


JONES, J.

It is for the courts to determine whether the parties agreed to submit their disputes to arbitration, if so, whether the particular dispute comes within the scope of their agreement, and finally whether there has been compliance with any condition precedent to access to the arbitration forum. In this instance we conclude that the owner and the general contractor under their construction contract agreed...

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