MATTER OF FINKELSTEIN (HARRIS)


17 A.D.2d 137 (1962)

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

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

October 23, 1962.


Attorney(s) appearing for the Case

Lewis Ginsburg for appellants.

Samuel R. Rudey of counsel (Lester Samuels with him on the brief; Weisman, Celler, Allan, Spett & Sheinberg, attorneys), for respondent.

BREITEL, J. P., RABIN, VALENTE and McNALLY, JJ., concur.


EAGER, J.

This is an appeal from an order which, on motion pursuant to section 1458-a of the Civil Practice Act, stayed arbitration upon the ground that the claim sought to be arbitrated was barred by the Statute of Limitations.

The appellants, on March 15, 1961, served a demand for arbitration of a claim for a balance allegedly owing on contract and for extras in connection with the construction by them...

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