JT Magen & Co. v. Toscorp, Inc.

—Order, Supreme Court, New York County (Franklin Weissberg, J.), entered April 2, 1999, which, upon plaintiffs motion for summary judgment in lieu of complaint, granted defendants’ cross motion to compel arbitration of whether plaintiff is entitled to recover on the checks in issue, unanimously affirmed, with costs.

Arbitration was properly compelled since the stopped checks in issue were admittedly given by defendants to plaintiff as final payment for construction work performed pursuant to a contract that conditioned final payment upon plaintiffs compliance with the contract and contained a…