MATTER OF JOHN W. COWPER CO., INC.


51 N.Y.2d 937 (1980)

In the Matter of the Arbitration between John W. Cowper Company, Incorporated, Respondent, and Hires-Turner Glass Company et al., Appellants.

Court of Appeals of the State of New York.

Decided November 13, 1980.


Attorney(s) appearing for the Case

John F. Lawton for appellants.

James W. Gresens and Frank T. Gaglione for respondent.

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


MEMORANDUM.

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

While we agree with the result reached by the majority at the Appellate Division, we do so on a somewhat different basis. We conclude that the reference in paragraph 24 of the contract between The John W. Cowper Company and Hires-Turner Glass Company to "the general conditions of the general contract" is simply an exclusion from...

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