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MATTER OF 86TH & 3RD OWNER, LLC v. PERLBINDER HOLDINGS LLC

NO. 650603/16, 3101N

147 A.D.3d 508 (2017)

46 N.Y.S.3d 783

2017 NY Slip Op 01165

In the Matter of 86TH & 3RD OWNER, LLC, Appellant, v. PERLBINDER HOLDINGS LLC et al., Respondents.

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

Decided February 14, 2017.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered June 6, 2016, which denied petitioner's motion to stay arbitration, unanimously affirmed, with costs.

Although the August 2009 letter of substantial completion was not a prerequisite to respondents' right to bring an action for breach of the parties' 2005 Contribution Agreement (cf. John J. Kassner & Co. v City of New York, 46 N.Y.2d 544, 550 [1979]...

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