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DIKER v. CATHRAY CONSTR. CORP.

158 A.D.2d 657 (1990)

Bertram Diker et al., Respondents, v. Cathray Construction Corp. et al., Appellants, et al., Defendants

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

February 26, 1990

Ordered that the order is modified, on the law, (1) by deleting the provision thereof which states: "However, the cause of action against CATHRAY for punitive damages shall not be severed and stayed since that cause of action is not subject to arbitration", (2) by adding a provision thereto severing and staying the fourth cause of action in the amended complaint insofar as it is asserted against the defendant Cathray Construction Corp. and directing the plaintiffs and the...

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