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MATTER OF FINKELSTEIN (HARRIS)

33 Misc.2d 929 (1961)

In the Matter of the Arbitration between Robert C. Finkelstein, Petitioner, and Stanley Harris et al., Respondents.

Supreme Court, Special Term, New York County.

December 28, 1961

Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg (Samuel R. Rudey of counsel), for petitioner. Lewis Ginsberg for respondents.

OWEN McGIVERN, J.

In this motion by petitioner for stay of arbitration, the basis for the application is that the claim sought to be arbitrated is barred by the Statute of Limitations pursuant to section 1458-a of the Civil Practice Act. The section provides that:

"A motion to compel arbitration shall be denied, and a motion to stay arbitration granted, if at the time of the giving of notice of intention to arbitrate, or of the making of a demand...

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