Sowalskie v. Cohoes Housing Authority, Inc.
New York Supreme Court
1Opinion of the CourtEdward S. Conway, J.
This is an application made by the defendant, Ippolito-Lutz, Inc., in which it seeks the following relief: (1) an order staying the action of the plaintiff to foreclose its mechanic’s lien, or, in the alternative, dismissing said action pursuant to CPLR 2201 and 7503 and (2) an order barring plaintiff from proceeding with arbitration on the ground that he has waived his right to arbitrate.
The plaintiff Sowalskie and defendant Ippolito-Lutz, Inc., entered into a contract wherein the plaintiff agreed to provide the defendant with the labor and material for certain excavation subcontractual work…
2Cases cited5 opinions
- Mtr. of River Brand Rice Mills v. Latrobe Brew. Co.New York Court of Appeals · 1953
- Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
- In re the Arbitration between Duke Laboratories, Inc. & Albert A. Lutz Co.New York Supreme Court · 1957
- In re the Arbitration between Manitt Construction Corp. & J. S. Plumbing & Heating Corp.New York Supreme Court · 1966
- In re the Arbitrationb between Acme Cassa, Inc. & Staten Island Plaza, Inc.New York Supreme Court · 1957
3Cited by1 opinion
- Sommer v. Anthony J. Quarant Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 1972