In re the Arbitration between Calvin Klein Co. & Minnetonka, Inc.

— Order, Supreme Court, New York County (Shorter, J.), entered September 24, 1981, denying the petition to stay arbitration, unanimously reversed, on the law, with costs and disbursements, and the petition granted. Special Term, without reaching the *504merits, denied the application to stay arbitration on the ground that petitioners failed to move for such relief within 20 days after the assertion of the claims. This denial was error since respondent, which asserted its claims against petitioners as a counterclaim in an arbitration proceeding to which they were not a party, did not include in…