MATTER OF HELLER


178 A.D.2d 195 (1991)

In the Matter of the Arbitration between Melvin Heller, Respondent, and Clark Construction Corporation, Appellant

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

December 10, 1991


Petitioner entered into a home improvement contract with respondent in June, 1989. While respondent corporation did not have a home improvement license, both its principal, Christopher Clark, and C. Clark Construction Corp., an independent entity, did have one when partial payment was made by petitioner. Respondent demanded arbitration, pursuant to the terms of the contract. Petitioner moved to stay the arbitration on the ground that, inter alia, petitioner was an...

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