In re the Arbitration between K. W. Construction Corp. & Mara Construction Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between K. W. Construction Corp. & Mara Construction Corp.

50 A.D.2d 527, 375 N.Y.S.2d 4, 1975 N.Y. App. Div. LEXIS 12228

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1975·Published

Opinion

— Order and judgment, Supreme Court, New York County, entered on May 30, 1975, denying petitioner’s application to stay arbitration and dismissing the petition, unanimously affirmed, with $40 costs and disbursements to respondent. The fact that UP ACA may be entitled to participate in any overrun pursuant to the terms of its contract with petitioner, does not constitute a legal basis for staying arbitration sought pursuant to the terms of the subcontract between petitioner and respondent (CPLR 7503, subd [b]). We [528] have examined the other points urged by petitioner and find that they lack merit and do not constitute a bar to the arbitration sought. Concur— Markewich, J. P., Tilzer, Capozzoli, Lane and Nunez, JJ.

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— Order and judgment, Supreme Court, New York County, entered on May 30, 1975, denying petitioner’s application to stay arbitration and dismissing the petition, unanimously affirmed, with $40 costs and disbursements to respondent. The fact that UP ACA may be entitled to participate in any overrun pursuant to the terms of its contract with petitioner, does not constitute a legal basis for staying arbitration sought pursuant to the terms of the subcontract between petitioner and respondent (CPLR 7503, subd [b]). We [528] have examined the other points urged by petitioner and find that they lack merit and do not constitute a bar to the arbitration sought. Concur— Markewich, J. P., Tilzer, Capozzoli, Lane and Nunez, JJ.

In re the Arbitration between K. W. Construction Corp. & Mara Construction Corp., 50 A.D.2d 527, 375 N.Y.S.2d 4, 1975 N.Y. App. Div. LEXIS 12228 (N.Y. Ct. App. 1975).

Pincite

50 A.D.2d 527 (In re the Arbitration between K. W. Construction Corp. & Mara Construction Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.