PUMA v. 1223 AVE. J. CORP.


278 A.D. 831 (1951)

Concherta Puma et al., Respondents, v. 1223 Avenue J. Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 7, 1951.


The unsigned proposed arbitration agreement submitted by plaintiffs, even if rejected by defendant, constitutes no basis for a claim that defendant waived its right to arbitration under the contract, which provides for a determination of disputes, in the first instance, by the architect. This determination was not had until after the proposed agreement had been submitted and allegedly rejected. This action was commenced immediately following the determination of the architect...

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