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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1975

StatusPublished

This text of 50 A.D.2d 527 (In re the Arbitration between K. W. Construction Corp. & Mara Construction Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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]*528have 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]*528have 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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50 A.D.2d 527, 375 N.Y.S.2d 4, 1975 N.Y. App. Div. LEXIS 12228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-k-w-construction-corp-mara-construction-nyappdiv-1975.