A. Burgart, Inc. v. Foster-Lipkins Corp.

Plaintiff is a subcontractor to defendant Foster-Lipkins Corp., general contractor for construction of a building for defendant Dormitory Authority of the State of New York. Paragraph 19 of the subcontract sets forth a broad all-inclusive arbitration clause. September 25,1969 plaintiff filed with the Dormitory Authority a mechanic’s lien in the sum of $82,318.30 and shortly before the expiration of the six months’ duration period of the lien, commenced this action to foreclose the lien. By this motion defendants seek to stay the action on the ground that plaintiff’s sole remedy is in…