Legal Opinion

In re Arbitration between 64 Fulton St. Development & Marinelli Associates

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

Decided June 12, 1997PublishedCited by 3 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered January 28, 1997, which granted petitioners’ application to stay arbitration of any of respondent’s claims other than for an accounting, and denied respondent’s cross-motion to dismiss the petition, unanimously affirmed, with costs.

There is no merit to respondent’s claim that the petition was untimely as it was not made within 20 days of respondent’s November 27, 1995 letter. Even if that letter had been recognized by the arbitrator as an American Arbitration Association rule 8 amendment of respondent’s original demand for…

2Cases cited3 opinions

  1. In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
  2. In re the Arbitration between Board of Education of the Schenevus Central School District & Merritt Meridian Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Filippazzo v. Garden State Brickface Co.Appellate Division of the Supreme Court of the State of New York · 1986

3Cited by3 opinions

  1. Marinelli Associates v. Helmsley-Noyes Co.Appellate Division of the Supreme Court of the State of New York · 2000
  2. New Hampshire Indemnity Co. v. VranicaAppellate Division of the Supreme Court of the State of New York · 2002
  3. Allstate Insurance v. WhiteAppellate Division of the Supreme Court of the State of New York · 1999

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