MATTER OF CALVIN KLEIN CO.


88 A.D.2d 503 (1982)

In the Matter of the Arbitration between Calvin Klein Company et al., Appellants, and Minnetonka, Inc., Respondent

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

May 4, 1982


Special Term, without reaching the merits, denied the application to stay arbitration on the ground that petitioners failed to move for such relief within 20 days after the assertion of the claims. This denial was error since respondent, which asserted its claims against petitioners as a counterclaim in an arbitration proceeding to which they were not a party, did not include in its answer and counterclaim the 20-day preclusion...

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