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LONG BEACH v. CATALYST

144 Misc.2d 119 (1988)

City of Long Beach, Petitioner, v. Catalyst Waste-to-Energy Corporation of Long Beach, Respondent.

Supreme Court, New York County.

September 16, 1988

Attorney(s) appearing for the Case

Rosenman & Colin (Lauren Reiter Brody of counsel), for petitioner. Brown & Wood (Scott T. Tross of counsel), for respondent.

EDWARD J. GREENFIELD, J.

Petitioner, City of Long Beach, moves by order to show cause seeking to stay the arbitration commenced by respondent pursuant to a demand for arbitration, upon the grounds that the claims respondent seeks to arbitrate are not subject to arbitration under the agreement between the parties. Respondent cross-moves for an order pursuant to CPLR 404 dismissing the petition upon the grounds that: (1) petitioner's

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