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Matter of K.W. Construction Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1975
50 A.D.2d 527 (N.Y. App. Div. 1975)

Opinion

November 6, 1975


Order and judgment, Supreme Court, New York County, entered on May 30, 1975, denying petitioner's application to stay arbitration and dismissing the petition, unanimously affirmed, with $40 costs and disbursements to respondent. The fact that UPACA may be entitled to participate in any overrun pursuant to the terms of its contract with petitioner, does not constitute a legal basis for staying arbitration sought pursuant to the terms of the subcontract between petitioner and respondent (CPLR 7503, subd [b]). We have examined the other points urged by petitioner and find that they lack merit and do not constitute a bar to the arbitration sought.

Concur — Markewich, J.P., Tilzer, Capozzoli, Lane and Nunez, JJ.


Summaries of

Matter of K.W. Construction Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1975
50 A.D.2d 527 (N.Y. App. Div. 1975)
Case details for

Matter of K.W. Construction Corp.

Case Details

Full title:In the Matter of the Arbitration between K.W. CONSTRUCTION CORP.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 6, 1975

Citations

50 A.D.2d 527 (N.Y. App. Div. 1975)