DiSunno Architecture v. Sheppard

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioners appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated December 9, 2003, which granted the respondents’ motion to dismiss the proceeding.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing in accordance herewith and a new determination thereafter.

The petitioners, as architects, and the respondents, as owners, entered into a standard form…