Legal Opinion
In re 3202 Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2006PublishedCited by 1 opinion
1Opinion of the Court
*716In a proceeding pursuant to CPLR article 75 to stay arbitration of certain claims pursuant to the parties’ construction contract, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated February 16, 2005, as denied the petition.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is granted, and the arbitration is stayed.
The respondent failed to comply with a condition precedent under the arbitration provision of the parties’ construction contract. Thus, the Supreme Court…
2Cases cited3 opinions
- Village of Jordan v. Memphis Construction Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Lakeland Fire District v. East Area General Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- In re the Arbitration between Asphalt Green, Inc. & Herbert Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by1 opinion
- New York Central Mutual Fire Insurance v. RafailovaAppellate Division of the Supreme Court of the State of New York · 2007