Legal Opinion
Barbalious v. Exterior Wall Systems, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2005Published
1Opinion of the Court
In a proceeding pursuant to CFLR article 75 to stay arbitration of an agreement dated October 9, 2001, the appeal is from an order of the Supreme Court, Nassau County (Bucaria, J.), entered February 20, 2004, which granted the petition to stay the arbitration and denied the motion to compel arbitration.
Ordered that the order is reversed, on the law, with costs, the motion to compel arbitration is granted, the petition is denied, and the processing is dismissed.
Under the circumstances of this case, the Supreme Court erred in granting the petition to stay the arbitration (see Matter of…
2Cases cited3 opinions
- In re the Arbitration between Liebhafsky & Comstruct Associates, Inc.New York Court of Appeals · 1984
- In re the Arbitration between Spencer-Van Etten Central School District & A. Roy Auchinachie & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- In re Arbitration between Klein, Inc. & G.P. Winter AssociatesAppellate Division of the Supreme Court of the State of New York · 1994