SOMMER v. QUARANT CONTR.


40 A.D.2d 95 (1972)

Sigmund Sommer et al., Respondents, v. Anthony J. Quarant Contracting, Inc., Appellant

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

November 21, 1972.


Attorney(s) appearing for the Case

James L. Goldwater of counsel (Milton A. Chambers with him on the brief; Goldwater & Flynn, attorneys), for appellant.

Julius L. Schapira of counsel (Max E. Greenberg and Leonard Shabasson with him on the brief; Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky, attorneys), for respondents.

McGIVERN, J. P., NUNEZ, KUPFERMAN, McNALLY and TILZER, JJ., concur.


Per Curiam.

This proceeding to stay arbitration presents the question of whether arbitration has been waived by the filing of a notice of mechanic's lien, where the contract between the parties contained a lien waiver provision. The facts are not in dispute. The respondent-appellant contracted to do excavation and foundation work. The written agreement contained a broad arbitration clause and in addition, provisions...

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