In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp.

27 A.D.2d 575, 276 N.Y.S.2d 212, 1966 N.Y. App. Div. LEXIS 2746

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 1966·Published·Cited by 2 cases

Opinion

Order of the [576]*576Supreme Court, Westchester County, dated January 8, 1966, reversed, without costs; application denied and parties directed to proceed with the arbitration on written notice to be served. In our opinion, counsel for petitioner effectively waived petitioner’s right to move to stay arbitration by participating in the arbitration proceeding without moving for a stay (Matter of National Cash Register Co. [Wilson], 8 N Y 2d 377; CPLR. 7503, subd. [b]). Beldoek, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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Order of the [576]*576Supreme Court, Westchester County, dated January 8, 1966, reversed, without costs; application denied and parties directed to proceed with the arbitration on written notice to be served. In our opinion, counsel for petitioner effectively waived petitioner’s right to move to stay arbitration by participating in the arbitration proceeding without moving for a stay (Matter of National Cash Register Co. [Wilson], 8 N Y 2d 377; CPLR. 7503, subd. [b]). Beldoek, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp., 27 A.D.2d 575, 276 N.Y.S.2d 212, 1966 N.Y. App. Div. LEXIS 2746 (N.Y. Ct. App. 1966).

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Opinion

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