Sullivan v. Kisly

— Order of the Supreme Court, New York County (Tompkins, J.), entered on December 23, 1982, which granted defendants’ motion to stay the action and compel arbitration, is reversed, on the law and the facts, with costs and disbursements, and motion to stay the action and compel arbitration denied. The instant action arises out of the purported breach of a written agreement entered into between the parties in March of 1981 and calling for the renovation of plaintiffs’ residence at 138 East 37th Street in Manhattan. The summons and complaint were served in March of 1982, and the defendants…