In the circumstances of this case, a triable issue of fact is presented as to whether there was a breach of warranty or representation that there were no judgments against the corporations or Baranoff except those not exceeding $5,000. Assuming that the claim against one or both defendants was subject to arbitration, that would not be a ground to dismiss the action but only to stay it. (CPLR 7503, subd [a].) The parties have not addressed themselves to the question as to...
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