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PROTOCOM DEVICES v. FIGUEROA

144 Misc.2d 738 (1989)

Protocom Devices, Inc., Petitioner, v. Antonio Figueroa, Doing Business as Design Expressions, Respondent.

Supreme Court, New York County.

September 6, 1989

Attorney(s) appearing for the Case

Kazlow & Kazlow (Thomas B. Grunfeld of counsel), for petitioner. Peter B. Reiss for respondent.

BURTON S. SHERMAN, J.

The petitioner seeks to dismiss, pursuant to CPLR 3211 (a) (5), the respondent's demand for arbitration dated June 6, 1989. In view of the fact that no action or special proceeding has been instituted, the motion shall be considered as one to stay arbitration pursuant to CPLR 7503 and pursuant to the one-year Statute of Limitations provided in CPLR 7510 and res judicata.

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