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SECCO ELECTRIC CORPORATION v. KALIKOW

13 A.D.3d 252 (2004)

787 N.Y.S.2d 260

SECCO ELECTRIC CORPORATION, Appellant, v. PETER S. KALIKOW, as Chairman of the State of New York Metropolitan Transportation Authority, et al., Respondents.

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

December 21, 2004.

Petitioner's argument that the Arbiter misinterpreted the contract by preferring general disclaimers over conflicting specific terms raises an issue of law beyond the scope of the contractually limited standard of review, namely, a CPLR article 78 proceeding "limited to the question of whether or not the Arbiter's determination is arbitrary, capricious or lacks a rational basis" (see NAB Constr. Corp. v Metropolitan Transp. Auth...

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