G Builders IV v. Madison Park Owner

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered May 10, 2010, which granted the petition brought pursuant to CPLR article 75 and issued a preliminary injunction staying the arbitration, unanimously reversed, on the law, without costs, the petition denied, and the preliminary injunction vacated.

Initially we note that Supreme Court did not specify whether it was staying arbitration pursuant to CPLR 7503 (b) or issuing a preliminarily injunction pursuant to CPLR 7502 (c). The order could not have been issued pursuant to CPLR 7503 (b) because petitioner is the party that…