Legal Opinion

1210 Colvin Avenue, Inc. v. Tops Markets, LLC

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 2006PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski J.), entered January 10, 2005 in a special proceeding pursuant to CPLR 7502 (a). The order granted the petition and denied respondent’s motion to dismiss the petition.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner commenced this special proceeding pursuant to CPLR 7502 (a) seeking a permanent stay of arbitration on the ground that there is no agreement between the parties that would entitle respondent to demand arbitration (see…

2Cases cited8 opinions

W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
Sablosky v. Edward S. Gordon Co.New York Court of Appeals · 1989
Uribe v. MERCHS. BANK OF NYNew York Court of Appeals · 1998
Gerling Global Reinsurance Corp. v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 2002

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Dash & Sons, Inc. v. Tops Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2006