May v. Anspach

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim under a home improvement contract, the appeal is from an order of the Supreme Court, Westchester County (Tolbert, J.), entered January 28, 2005, which granted the homeowners’ petition and, in effect, permanently stayed the arbitration.

Ordered that the order is reversed, on the law and as a matter of discretion, the petition is denied, and the proceeding is dismissed.

*672In November 1998 the petitioners entered into a $764,000 home improvement contract with the appellant contractor for significant renovations to…