Legal Opinion

Dash & Sons, Inc. v. Tops Markets, LLC

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

Decided June 9, 2006Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered January 10, 2005. The order denied defendant’s motion seeking dismissal of the complaint or, alternatively, to stay the action and to compel arbitration and granted plaintiffs motion seeking a permanent stay of arbitration.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that defendant wrongfully refused to pay to plaintiff a sum in excess of $1.3 million, representing the amount held in…

2Cases cited8 opinions

In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
American Centennial Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996

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