SISTERS OF SAINT JOHN THE BAPTIST v. PHILLIPS R. GERAGHTY CONSTRUCTOR, INC.


111 A.D.2d 603 (1985)

Sisters of Saint John the Baptist et al., Respondents, v. Phillips R. Geraghty Constructor, Inc., Appellant

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

June 4, 1985


The issue presented is whether Special Term properly stayed arbitration on the ground that the subject matter of this dispute — extra work performed without written authorization — is one which the parties had agreed to submit to arbitration. Unless an arbitration agreement expressly and unequivocally covers the topic of the particular dispute, a party will not be considered to have chosen to forego the right to seek judicial relief. (Bowmer v Bowmer...

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