NEW YORK TEL. CO. v. SPECINER


55 N.Y.2d 1002 (1982)

New York Telephone Company, Respondent, v. Jules V. Speciner, as Trustee in Bankruptcy of Marshall Construction Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1982.


Attorney(s) appearing for the Case

Julius L. Schapira for appellant.

Stephen L. Ratner for respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, and MEYER. Taking no part: Judges GABRIELLI and FUCHSBERG.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order insofar as appealed from reversed, with costs, cross motion for a permanent stay denied, and motion to compel arbitration granted. A timely demand for arbitration was made by Marshall in February, 1972 well within the six-year Statute of Limitations and was judicially stayed until the condition precedent to arbitration was satisfied. The condition was met in...

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