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MATTER OF PAVER (CATHOLIC HIGH ASSN.)

38 N.Y.2d 669 (1976)

In the Matter of the Arbitration Between Paver & Wildfoerster, Appellant, and Catholic High School Association, Respondent. In the Matter of the Arbitration Between Catholic High School Association of New York, Respondent, and Paver & Wildfoerster, Appellant, and Warwick Construction, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 19, 1976.

Attorney(s) appearing for the Case

Vincent J. Zichello and Robert G. Wells for appellant.

Joseph E. Moukad and Lawrence X. Cusack for Catholic High School Association of New York, respondent.

Anthony M. Quartararo and Peter D. Coddington for Warwick Construction, Inc., respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Chief Judge BREITEL; Judge COOKE dissents in part and votes to modify in a separate opinion in which Judge FUCHSBERG concurs.

Chief Judge BREITEL.

In consolidated arbitration proceedings under CPLR 7503 (subds [a], [b]), petitioner architects appeal. The building owner demanded arbitration under building construction agreements against the architects and the contractor. In the first proceeding the architects sought a stay and the owner, in the other proceeding, sought to compel arbitration...

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