Monotube Pile Corp. v. Pile Foundation Construction Corp.

—In a proceeding pursuant to CPLR article 75 to stay arbitration, the petitioner appeals from an order of the Supreme Court, Kings County (Mason, J.), dated August 17, 1999, which denied its petition to stay arbitration of the counterclaims asserted by the respondent.

Ordered that the order is affirmed, with costs.

Pursuant to a letter agreement entered into by the parties, the petitioner sought to arbitrate its claim that the respondent failed to pay invoices totalling $462,144.89. The respondent asserted counterclaims alleging that the materials provided pursuant to the invoices were…