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PEARL ST. DEV. CORP. v. CONDUIT & FOUND. CORP.

50 A.D.2d 767 (1975)

Pearl Street Development Corporation, Appellant, v. Conduit and Foundation Corporation, Respondent

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

December 16, 1975

Respondent shall recover of appellant $40 costs and disbursements of this appeal.

Markewich, J. P., dissents in the following memorandum:

I dissent and would reverse Special Term's order and grant the stay of arbitration. A valid agreement between the parties has been made but "has not been complied with" (CPLR 7503, subd [b]), a ground timely raised by petitioner-appellant and, since it involves only a question of law, not referable to an arbitrator...

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