MATTER OF SPENCER-VAN ETTEN CENT. SCH. DIST.


179 A.D.2d 855 (1992)

In the Matter of the Arbitration between Spencer-Van Etten Central School District, Respondent, and A. Roy Auchinachie & Sons, Inc., Appellant

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

January 9, 1992


Mikoll, J.

The question presented on this appeal is whether compliance with a 21-day notice provision in the parties' contract is a condition precedent to arbitration or a condition in arbitration. In our view, it is a condition in arbitration and, accordingly, Supreme Court erred in finding that respondent failed to comply with conditions precedent to arbitration.

Respondent, a plumbing and heating contractor, contracted with petitioner on or...

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