Legal Opinion
In re the Arbitration between Asphalt Green, Inc. & Herbert Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Bruce McM. Wright, J.), entered August 12, 1994, which granted the application pursuant to CPLR 7503 by petitioner Asphalt Green, Inc. ("petitioner”) seeking to stay the arbitration proceeding commenced by respondent Herbert, and which denied the cross-motion pursuant to CPLR 7503 by respondent Herbert seeking to compel the arbitration and for sanctions, unanimously affirmed, with costs.
The LAS Court properly determined that respondent Herbert had failed to comply with sections 2.3, 2.4 and 2.5 of the General Conditions to the parties’ contract,…
2Cases cited3 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- In re Arbitration between Travelers Indemnity Co. & LevyAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Arbitration between Liebhafsky & Comstruct Associates, Inc.New York Court of Appeals · 1984
3Cited by4 opinions
- Lakeland Fire District v. East Area General Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Ambassador Construction Co. v. 40 Wall Street Development Assoc., L. L. C.Appellate Division of the Supreme Court of the State of New York · 1999
- In re 3202 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Museum of New York v. Local 1665, DC 37, AFSCMEAppellate Division of the Supreme Court of the State of New York · 2004