MATTER OF CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. CRUZ CONSTRUCTION CORP.


258 A.D.2d 372 (1999)

685 N.Y.S.2d 683

In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant, v. CRUZ CONSTRUCTION CORP., Respondent.

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

Decided February 23, 1999.


The contract provided, in Addendum No. 6, for arbitration on remuneration for "extra Utility Work" only where the contractor's claim for such remuneration is first submitted to the utility company for review and consideration, and the parties are unable to reach a settlement within 30 days thereafter. Assuming respondent's generalized claim was arbitrable in the first place, under the limited arbitration provision, respondent never did comply with that contractual condition...

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