Town of Babylon v. Tully Construction Co.

—In an action, inter alia, for a judgment declaring a letter agreement between the parties dated May 9, 1995, and an arbitration clause contained therein, as “void, a nullity and of no legal force and effect”, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered June 25, 1997, which denied its motion, in effect, to reargue so much of a prior order of the same court, dated January 23, 1997, as denied its motion to stay arbitration and granted the defendant’s cross motion to compel arbitration, and, in effect, dismissed the second cause of action in the…