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MATTER OF SUSSCO EXTERIOR SYS., INC. v. HERCULES CONSTR. CORP.

120 A.D.2d 532 (1986)

In the Matter of Sussco Exterior Systems, Inc., Appellant-Respondent, v. Hercules Construction Corp., Respondent-Appellant

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

May 5, 1986

Order reversed, on the law, without costs or disbursements, application granted, and award confirmed.

In a prior appeal in this action, this court affirmed Special Term's denial of the respondent's application to stay arbitration on the ground that that application was untimely (see, Matter of Hercules Constr. Corp. [Sussco Exterior Sys.], 110 A.D.2d 701). By failing to make...

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