Opinion
2002-06493
Argued May 22, 2003.
June 16, 2003.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a breach of contract claim, the appeal is from an order of the Supreme Court, Suffolk County (Dunn, J.), dated June 3, 2002, which granted the petition.
Murphy, Bartol O'Brien, LLP, Mineola, N.Y. (Jeffrey P. Sharkey of counsel), for appellant.
Andrew D. Presberg, P.C., Islandia, N.Y. (Kevin J. Foreman of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court has the jurisdiction to determine whether contractual conditions precedent to arbitration have been fulfilled (see Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1; Matter of United Nations Dev. Corp. v. Norkin Plumbing Co., 45 N.Y.2d 358, 364; Matter of Raisler Corp. [N.Y. City Housing Auth.], 32 N.Y.2d 274, 282; Matter of Wilaka Constr. Co. [N.Y. City Housing Auth.], 17 N.Y.2d 195, 198; Anagostopoulos v. Union Turnpike Mgt. Corp., 300 A.D.2d 393; see also CPLR 7503). In this case, the Supreme Court providently granted the petition to permanently stay arbitration based upon the appellant's failure to fulfill in a timely fashion the contractually mandated conditions precedent to demanding arbitration (see Anagostopoulos v. Union Turnpike Mgt. Corp., supra).
The appellant's remaining contentions are either without merit or improperly before this court.
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.