Legal Opinion
Whitestone Construction Co. v. Varied Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 2014Published
1Opinion of the Court
*419Judgment (denominated an order), Supreme Court, New York County (Charles E. Ramos, J.), entered on or about October 23, 2013, denying the petition to, inter alia, declare respondent in default, and dismissing the proceeding brought pursuant to CPLR article 75, unanimously affirmed, without costs.
The arbitrators had repeatedly denied petitioner’s applications to declare respondent in default for failing to advance its share of arbitrator compensation, the governing arbitration rule barred defaults for nonpayment, and the court properly determined that it should not intervene at this juncture…
2Cases cited5 opinions
- Salvano v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1995
- Todd Sink v. Aden Enterprises, Inc., a California Corporation and Michael LutherCourt of Appeals for the Ninth Circuit · 2003
- Mobil Oil Indonesia Inc. v. Asamera Oil (Indonesia) Ltd.New York Court of Appeals · 1977
- Asesd, LLC v. Vanguard Construction & Development Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Brandifino v. CryptoMetrics, Inc.New York Supreme Court · 2010