College Plaza, Inc. v. Harlaco, Inc.

Decision Date26 January 1965
Citation152 Conn. 707,206 A.2d 832
CourtConnecticut Supreme Court
PartiesCOLLEGE PLAZA, INC. v. HARLACO, INC. Supreme Court of Errors of Connecticut

Thomas D. Clifford, New Haven, for appellant (defendant).

Morton J. Dimenstein, New Haven, with whom were William M. Vishno, New Haven, and, on the brief, Cornell M. Lattanzi, New Haven, for appellee (plaintiff).

Before KING, C. J., and MURPHY, ALCORN, COMLEY and SHANNON, JJ.

PER CURIAM.

The defendant, which constructed a shopping center for the plaintiff, has appealed from a judgment directing it to proceed with the arbitration of a dispute which arose when water damage occurred, allegedly from faulty construction. The defendant contends that the plaintiff is not entitled to arbitration since the contract required that the plaintiff first obtain a ruling by the architect and also that the claim be presented within a year from the completion of the work. The court ruled that these were questions to be determined by the arbitrators and not by it.

Whether the arbitrability of a dispute is a question for the court or for the arbitrators depends upon the language of the contract. The agreement in the present case provided that '[a]ny disagreement arising out of this contract or from the breach thereof shall be submitted to arbitration'. We have consistently held that under such broad and all-embracing language the question of what is subject to arbitration is for the arbitrators themselves. Gores v. Rosenthal, 150 Conn. 554, 557, 192 A.2d 210; Connecticut Union of Telephone Workers, Inc. v. Southern New England Telephone Co., 148 Conn. 192, 196, 198, 169 A.2d 646; International Brotherhood, etc. v. Trudon & Platt Motor Lines, Inc., 146 Conn. 17, 21, 147 A.2d 484; Liggett v. Torrington Building Co., 114 Conn. 425, 430, 158 A. 917.

There is no error.

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16 cases
  • Scinto v. Sosin
    • United States
    • Connecticut Court of Appeals
    • December 15, 1998
    ...also.'" Weitz Co. v. Shoreline Care Ltd. Partnership, 39 Conn. App. 641, 644, 666 A.2d 835 (1995); College Plaza, Inc. v. Harlaco, Inc., 152 Conn. 707, 708, 206 A.2d 832 (1965). Whether the parties intended to submit the issue of arbitrability, as well as the merits of a claim, to an arbitr......
  • Computerized Vehicle Registration v. General Sys. Solutions, Inc., No. 4006274 (Conn. Super. 11/8/2006), 4006274
    • United States
    • Connecticut Superior Court
    • November 8, 2006
    ...marks omitted.) Weitz Co. v. Shoreline Care Ltd. Partnership, 39 Conn.App. 641, 644, 666 A.2d 835 (1995); College Plaza, Inc. v. Harlaco, Inc. 152 Conn. 707, 708, 206 A.2d 832 (1965). Whether the parties intended to submit the issue of arbitrability, as well as the merits of a claim, to an ......
  • John A. Errichetti Associates v. Boutin
    • United States
    • Connecticut Supreme Court
    • April 14, 1981
    ...of Telephone Workers, Inc. v. Southern New England Telephone Co., 148 Conn. 192, 198, 169 A.2d 646 (1961); College Plaza, Inc. v. Harlaco, Inc., 152 Conn. 707, 206 A.2d 832 (1965)." Frager v. Pennsylvania General Ins. Co., supra, 274, 231 A.2d 531. The "positive assurance" test of arbitrabi......
  • City of Hartford v. Local 308, Intern. Broth. of Police Officers, N. A. G. E.
    • United States
    • Connecticut Supreme Court
    • August 17, 1976
    ...manner . . ..' The language of the collective bargaining agreement, similar in breadth to that found in College Plaza, Inc. v. Harlaco, Inc., 152 Conn. 707, 206 A.2d 832, and in A. Sangivanni & Sons v. F. M. Floryan & Co., supra, 158 Conn. 472, 262 A.2d 159, allocates the resolution of the ......
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