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PREISS/BREISMEISTER ARCHITECTS v. WESTIN HOTEL CO.-PLAZA HOTEL DIV.

86 A.D.2d 844 (1982)

Preiss/Breismeister Architects, Respondent, v. Westin Hotel Company-Plaza Hotel Division, Also Known as The Plaza, Formerly Known as Western International Hotels-Plaza Hotel Division, Appellant

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

February 25, 1982

Silverman and Bloom, JJ., dissent in a memorandum by Silverman, J., as follows:

I would reverse the order appealed from, deny plaintiff's motion to compel arbitration and grant defendant's motion to stay arbitration. In my view by bringing court suit plaintiff waived its right to arbitration. In this case the contract between the parties contained a broad arbitration clause: "All claims, disputes and other matters in question...

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