MATTER OF GENESEO CENT. HIGH SCH.


79 A.D.2d 848 (1980)

In the Matter of the Arbitration between Geneseo Central High School, Respondent, and Perfetto & Whalen Construction Corp., Appellant

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

December 12, 1980


Judgment unanimously reversed, without costs, and motion denied.

Memorandum:

Respondent contractor appeals from a judgment permanently staying arbitration between the parties. Respondent filed a notice of claim for delay damages in the performance of its contract for the construction of a new school for petitioner. The trial court found that respondent's damages were ascertainable on or before June 24, 1975, the time at which the contract was substantially...

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