REGO PARK GARDEN ASSOCS., INC. v. ELITE GEN. CONTRACTING CORP.


134 A.D.2d 199 (1987)

Rego Park Garden Associates, Inc., Respondent, v. Elite General Contracting Corp., Appellant

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

November 17, 1987


Although plaintiff's motion to stay arbitration was timely in light of defendant's failure to include in its demand for arbitration a notice that the party served must move for a stay of arbitration within 20 days, as required by CPLR 7503 (c), such motion must be denied on its merits.

The parties having agreed that "[a]ll claims or disputes between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof shall be decided...

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