Modular Technics Corp. v. Graverne Contracting Corp.

Majority

p. 996

Modular Technics Corporation, Appellant, v. Graverne Contracting Corp., Respondent.

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Nassau County, dated July 11, 1972, which denied the application. Order affirmed, with $20 costs and disbursements (see Sommer v. Quarant Contr., 40 A D 2d 95 ). Martuscello, Acting P. J., Latham and Christ, JJ., concur; Shapiro, J., dissents and votes to reverse and grant the application for the reasons stated in his opinion in Matter of Manitt Constr. Corp. [J. S. Plumbing & Heating Corp.] ( 50 Misc 2d 502 ), with which Benjamin, J., concurs.

Cases cited

Sommer v. Anthony J. Quarant Contracting, Inc. 40 A D 2d 95 N.Y. App. Div. 1972-11-21 p. 996
In re the Arbitration between Manitt Construction Corp. & J. S. Plumbing & Heating Corp. 50 Misc 2d 502 N.Y. Sup. Ct. 1966-05-25 p. 996