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Bd. of Educ., Bloomfield Cent Sch. v. Christa Constr

Court of Appeals of the State of New York
Nov 18, 1992
80 N.Y.2d 1031 (N.Y. 1992)

Opinion

Argued October 20, 1992

Decided November 18, 1992

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Frederic T. Henry, Jr., J.

Ernstrom Estes, Rochester (J. William Ernstrom of counsel), for appellant.

Charles A. Hall, Webster (Elizabeth H. Marvald of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Appellant, Christa Construction, Inc., entered into a contract with respondent Board of Education to perform extensive school improvements. The contract, amended by numerous change orders, has been substantially performed and appellant seeks arbitration of disputed claims concerning contract balance, change orders and extras. The School District resists arbitration on public policy grounds, citing Education Law § 1718 (1). It claims that the contract is void because the Board's agreement with respect to the change orders, if enforced through an arbitration, would result in an expenditure by the Board in excess of amounts lawfully appropriated.

Supreme Court denied the Board's motion for a stay and ordered arbitration, but the Appellate Division reversed and stayed arbitration. We granted leave to appeal and reverse to reinstate the order of Supreme Court.

This Court has repeatedly held that arbitration is a favored method of dispute resolution in New York (Matter of Weinrott [Carp], 32 N.Y.2d 190, 199; see also, Sablosky v Gordon Co., 73 N.Y.2d 133, 138), and "New York courts interfere `as little as possible with the freedom of consenting parties' to submit disputes to arbitration" (Matter of 166 Mamaroneck Ave. Corp. v 151 E. Post Rd. Corp., 78 N.Y.2d 88, 93).

While arbitration may be challenged on public policy grounds (Hirsch v Hirsch, 37 N.Y.2d 312, 315), that is a limited exception. The instant case does not qualify for the application of the exception (Matter of Port Wash. Union Free School Dist. v Port Wash. Teachers Assn., 45 N.Y.2d 411, 418; see also, Matter of Board of Educ. v New York State Pub. Empl. Relations Bd., 75 N.Y.2d 660).

Acting Chief Judge SIMONS and Judges KAYE, TITONE, BELLACOSA and SMITH concur in memorandum; Judge HANCOCK, JR., taking no part.

Order reversed, etc.


Summaries of

Bd. of Educ., Bloomfield Cent Sch. v. Christa Constr

Court of Appeals of the State of New York
Nov 18, 1992
80 N.Y.2d 1031 (N.Y. 1992)
Case details for

Bd. of Educ., Bloomfield Cent Sch. v. Christa Constr

Case Details

Full title:BOARD OF EDUCATION OF BLOOMFIELD CENTRAL SCHOOL DISTRICT, Respondent, v…

Court:Court of Appeals of the State of New York

Date published: Nov 18, 1992

Citations

80 N.Y.2d 1031 (N.Y. 1992)
593 N.Y.S.2d 178
608 N.E.2d 755

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