County of Dutchess v. Dutchess County Aviation, Inc.

Appellate Division of the Supreme Court of New York

County of Dutchess v. Dutchess County Aviation, Inc.

31 A.D.2d 545, 295 N.Y.S.2d 1018, 1968 N.Y. App. Div. LEXIS 2895

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1968

StatusPublished

This text of 31 A.D.2d 545 (County of Dutchess v. Dutchess County Aviation, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

County of Dutchess v. Dutchess County Aviation, Inc., 31 A.D.2d 545, 295 N.Y.S.2d 1018, 1968 N.Y. App. Div. LEXIS 2895 (N.Y. Ct. App. 1968).

Pincite

Opinion

In a proceeding to stay arbitration, the appeal is from an order of the Supreme Court, Dutchess County, dated May 8, 1967, which granted the application and ordered an immediate trial on the issue of the validity of the contract sought to be arbitrated. Order affirmed, without costs. In our opinion, there are triable issues relating to the scope of authority given to the Chairman of the Board of Supervisors and the County Attorney, particularly with reference to the changes discussed at the public hearing or thereafter with knowledge of the Board of Supervisors prior to the execution of the contract. There are also triable issues relating to ratification of the agreement and to estoppel. (See Matter of Dutchess County Aviation v. Board of Supervisors of County of Dutchess, 31 A D 2d 545.) Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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In a proceeding to stay arbitration, the appeal is from an order of the Supreme Court, Dutchess County, dated May 8, 1967, which granted the application and ordered an immediate trial on the issue of the validity of the contract sought to be arbitrated. Order affirmed, without costs. In our opinion, there are triable issues relating to the scope of authority given to the Chairman of the Board of Supervisors and the County Attorney, particularly with reference to the changes discussed at the public hearing or thereafter with knowledge of the Board of Supervisors prior to the execution of the contract. There are also triable issues relating to ratification of the agreement and to estoppel. (See Matter of Dutchess County Aviation v. Board of Supervisors of County of Dutchess, 31 A D 2d 545.) Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

31 A.D.2d 545, 295 N.Y.S.2d 1018, 1968 N.Y. App. Div. LEXIS 2895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-dutchess-v-dutchess-county-aviation-inc-nyappdiv-1968.