Naber Electric Corp. v. Hawthorne Cedar Knolls Union Free School District

In an action to recover damages for breach of contract and to foreclose a mechanic’s lien, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered April 5, 2006, which granted the motion of the defendant Hawthorne Cedar Knolls Union Free School District to permanently stay arbitration and to dismiss the amended complaint insofar as asserted against it pursuant to CPLR 3211 (a) (5) and (7), and denied the plaintiffs cross motion to compel arbitration and for leave to serve a late notice of claim.

Ordered that the order is modified, on the law, by…