CONSOL. EDISON CO. OF NEW YORK, INC. v. THOMAS O'CONNOR & CO., INC.


72 A.D.2d 684 (1979)

Consolidated Edison Company of New York, Inc., Appellant, v. Thomas O'Connor & Co., Inc., Respondent

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

November 1, 1979


Petitioner and respondent entered into an agreement under which respondent was to complete the erection and installation of six package boilers and associated equipment. A time came when respondent served on petitioner a demand for arbitration. Petitioner instituted a special proceeding pursuant to CPLR 7503 (subd [b]) to permanently stay the arbitration and vacate the demand. Special Term denied the petition in all respects and ordered the parties to proceed to arbitration...

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