MATTER OF FILIPPAZZO v. GARDEN STATE BRICKFACE CO.


120 A.D.2d 663 (1986)

In the Matter of James C. Filippazzo et al., Appellants, v. Garden State Brickface Company, Respondent

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

May 19, 1986


Order reversed, with costs, and case remitted to the Supreme Court, Kings County, for a hearing and determination as to whether the arbitration agreement is unenforceable under CPLR 4544.

The petitioners entered into a written contract whereby the respondent was to "brickface" their home. The agreement was signed by both petitioners. A dispute arose as to payment and performance, and the respondent served, by certified mail...

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