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  5. 149 A.D.2d 651 (1989)
 

DRA-PO CONSTR. CO., INC. v. L. RISO & SONS CO., INC.

149 A.D.2d 651 (1989)

Dra-Po Construction Co., Inc., Appellant, v. L. Riso & Sons Co., Inc., et al., Respondents

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

April 24, 1989

Ordered that the order is affirmed, with costs to the respondent L. Riso & Sons Co., Inc.

The plaintiff's motion to stay arbitration, which was made approximately five months after the plaintiff itself had demanded arbitration, and after the plaintiff had participated in the arbitration, was properly denied. Insofar as relevant here, a stay of arbitration is only available to a party "who has not participated in the...

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