Village of Springville v. Amherst Construction Inc.

152 A.D.2d 963, 544 N.Y.S.2d 759, 1989 N.Y. App. Div. LEXIS 9859

Opinion

Order unanimously modified on the law and defendant’s cross motion granted and as modified affirmed with costs to defendant Amherst Construction, Inc., in accordance with the following memorandum: Special Term properly denied plaintiff’s application to vacate the arbitration proceeding (see, Sherrill v Grayco Bldrs., 64 NY2d 261, 273-274; Faberge Inti, v Di Pino, 109 AD2d 235, 239). To effect an orderly process, however, plaintiff’s action against the multiple defendants should be stayed until completion of the arbitration (see, Carthage Cent. School Dist. No. 1 v Reddick & Sons, 79 AD2d 883, 884). (Appeals from order of Supreme Court, Erie County, Flaherty, J. — arbitration.) Present — Dillon, P. J., Callahan, Denman, Green and Pine, JJ.