Hyperlawhypertext legal database Incorporated Village of Hempstead v. Anron Air Systems, Inc. 52 A.D.2d 591

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Incorporated Village of Hempstead v. Anron Air Systems, Inc.

52 A.D.2d 591 Court N.Y. App. Div. Decision date 1976-04-12 English

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Majority

p. 591
Incorporated Village of Hempstead, Appellant, v Anron Air Systems, Inc., Respondent.

In a proceeding to vacate respondent’s notice to arbitrate, petitioner appeals from an order of the Supreme Court, Nassau County, dated September 23, 1975, which denied the application. Order affirmed, with $50 costs and disbursements. The filing of a notice of claim pursuant to CPLR 9802 does not constitute a waiver of the right to arbitrate (Matter of Town of Islip v Stoye, 29 NY2d 524 ). The parties should proceed

p. 592
to arbitration as soon as possible. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Hawkins, JJ., concur.

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