In re Arbitration between Klein, Inc. & G.P. Winter Associates

—Judgment, Supreme Court, New York County (Milton L. Williams, J.), entered December 1, 1992, which granted a petition to stay arbitration, denied respondent’s cross motion to compel arbitration, but permitted respondent to commence arbitration anew on a properly submitted claim within ten days, unanimously reversed, on the law and the facts, the petition for stay is denied and the cross motion to compel arbitration is granted, with costs.

Respondent sought arbitration of a construction contract dispute involving petitioner’s refusal to pay for work completed. The petition to stay was grounded…