Legal Opinion

Cinelli Builders, Inc. v. Ferris

Appellate Division of the Supreme Court of the State of New York

Decided August 17, 2010Published

1Opinion of the Court

*609In a hybrid action, inter alia, to recover damages for breach of contract, and proceeding pursuant to CPLR article 75 to compel arbitration, the defendants/respondents appeal, as limited by their brief, from (1) so much of an order of the Supreme Court, Nassau County (Spinola, J.), entered November 18, 2008, as denied that branch of their motion which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint/petition based on documentary evidence, and (2) so much of an order of the same court entered January 5, 2009, as, upon reargument, in effect, vacated so much of the order entered…

2Cases cited10 opinions

  1. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  2. In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
  3. In re DodgeNew York Court of Appeals · 1969
  4. Blake Electric Contracting Co. v. PaschallAppellate Division of the Supreme Court of the State of New York · 1995
  5. Shah v. Monpat Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

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