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In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp.

27 A.D.2d 575 Court N.Y. App. Div. Decision date 1966-12-27 English

Contents

Majority

p. 575
In the Matter of the Arbitration between Yonkers Public Library, Respondent, and Landolfe Electrical Corporation, Appellant.

Order of the

p. 576
Supreme Court, Westchester County, dated January 8, 1966, reversed, without costs; application denied and parties directed to proceed with the arbitration on written notice to be served. In our opinion, counsel for petitioner effectively waived petitioner’s right to move to stay arbitration by participating in the arbitration proceeding without moving for a stay (Matter of National Cash Register Co. [Wilson], 8 N Y 2d 377 ; CPLR. 7503, subd. [b]). Beldoek, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

Cases cited