New York Telephone Co. v. Alvord & Swift

Appellate Division of the Supreme Court of New York

New York Telephone Co. v. Alvord & Swift

49 A.D.2d 726, 372 N.Y.S.2d 671, 1975 N.Y. App. Div. LEXIS 10664

Appellate Division of the Supreme Court of the State of New York·Decided September 25, 1975·Published

Opinion

Judgment,Supreme Court, New York County, entered on February 26, 1975, unanimously affirmed. Cross-petitioner-respondent shall recover of appellant $40 costs and disbursements of this appeal. Special Term correctly found that cross-petitioner-respondent, Stewart M. Muller Construction Co., Inc., was not obligated to arbitrate with appellant Alvord & Swift since their contract did not specifically incorporate by reference or otherwise the arbitration clause of the main contract between Muller and New York Telephone Company. Furthermore, as stated by the court, there was no mutuality of obligation as regards remedies [727] between Muller and Alvord & Swift. The record fully supports the determination appealed from and we affirm on the opinion of Mr. Justice Helman below. Concur—Markewich, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

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Judgment,Supreme Court, New York County, entered on February 26, 1975, unanimously affirmed. Cross-petitioner-respondent shall recover of appellant $40 costs and disbursements of this appeal. Special Term correctly found that cross-petitioner-respondent, Stewart M. Muller Construction Co., Inc., was not obligated to arbitrate with appellant Alvord & Swift since their contract did not specifically incorporate by reference or otherwise the arbitration clause of the main contract between Muller and New York Telephone Company. Furthermore, as stated by the court, there was no mutuality of obligation as regards remedies [727] between Muller and Alvord & Swift. The record fully supports the determination appealed from and we affirm on the opinion of Mr. Justice Helman below. Concur—Markewich, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

New York Telephone Co. v. Alvord & Swift, 49 A.D.2d 726, 372 N.Y.S.2d 671, 1975 N.Y. App. Div. LEXIS 10664 (N.Y. Ct. App. 1975).

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49 A.D.2d 726 (New York Telephone Co. v. Alvord & Swift) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.