In re the Arbitration between Opark Construction Corp. & Eureka Constructors, Inc.

369 N.E.2d 7, 42 N.Y.2d 1025, 398 N.Y.S.2d 1008, 1977 N.Y. LEXIS 2363

Opinion

Memorandum. The order of the Appellate Division should be affirmed, with costs.

The contract negotiated by the parties provided specifically for arbitration of any dispute arising in connection with the delay claim here asserted. Although the parties subsequently entered into a settlement agreement, its effect upon the delay claim is in dispute. Since a valid provision to arbitrate exists, the issue of whether the delay claim was released by the settlement agreement is for the arbitrator to determine. (Matter of Riccardi [Modern Silver Linen Supply Co.], 45 AD2d 191, affd 36 NY2d 945.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.