Sovereign Construction Co. v. West Seneca Lumber Co.

Appellate Division of the Supreme Court of New York

Sovereign Construction Co. v. West Seneca Lumber Co.

41 A.D.2d 612, 340 N.Y.S.2d 582, 1973 N.Y. App. Div. LEXIS 5144

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

DecidedFebruary 13, 1973

StatusPublished

Cited by1 cases

This text of 41 A.D.2d 612 (Sovereign Construction Co. v. West Seneca Lumber Co.) 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

Sovereign Construction Co. v. West Seneca Lumber Co., 41 A.D.2d 612, 340 N.Y.S.2d 582, 1973 N.Y. App. Div. LEXIS 5144 (N.Y. Ct. App. 1973).

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Opinion

[613]*613Two orders of the Supreme Court, New York County, each entered on April 5, 1972, denying petitioner’s motions to vacate demands for arbitration in two proceedings, unanimously modified, on the law, to the extent of limiting arbitration to matters involving deliveries made within six years prior to the service of the demand for arbitration herein, and otherwise affirmed, without costs and without disbursements. More than six years have elapsed since some of the claims in issue - arose and such claims are, accordingly, time barred (CPLR 7502, subd. [b]). Whether or not deliveries were made within six years prior to service of the demands for arbitration, the questions relating to liability arising from such deliveries, are for the arbitrators. Concur — McGrivern, J. P., Nunez, Murphy, Capozzoli and Macken, JJ.

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[613]*613Two orders of the Supreme Court, New York County, each entered on April 5, 1972, denying petitioner’s motions to vacate demands for arbitration in two proceedings, unanimously modified, on the law, to the extent of limiting arbitration to matters involving deliveries made within six years prior to the service of the demand for arbitration herein, and otherwise affirmed, without costs and without disbursements. More than six years have elapsed since some of the claims in issue - arose and such claims are, accordingly, time barred (CPLR 7502, subd. [b]). Whether or not deliveries were made within six years prior to service of the demands for arbitration, the questions relating to liability arising from such deliveries, are for the arbitrators. Concur — McGrivern, J. P., Nunez, Murphy, Capozzoli and Macken, JJ.

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Bluebook (online)

41 A.D.2d 612, 340 N.Y.S.2d 582, 1973 N.Y. App. Div. LEXIS 5144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sovereign-construction-co-v-west-seneca-lumber-co-nyappdiv-1973.

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