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MTR. DIESEL CONSTR. v. STEWART TENANTS

33 Misc.2d 1090 (1962)

In the Matter of Diesel Construction Company, Inc., Petitioner, v. Stewart Tenants Corp., Respondent.

Supreme Court, Special Term, New York County.

April 23, 1962

Attorney(s) appearing for the Case

Milton Pollack and Samuel N. Greenspoon for petitioner. Reavis & McGrath (Marland Gale and Neil McBrien of counsel), for respondent.

WILLIAM C. HECHT, JR., J.

This is a motion to stay arbitration upon the grounds that there is no contract between the parties in this proceeding, that the claims are barred by the failure to assert the same timely; that parts of the claims are beyond the scope of the contract.

The petitioner, Diesel Construction Company, Inc. (Diesel), by written contract dated March 13, 1959 undertook to build for...

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