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IN THE MATTER OF HIRSCH CONSTR. CORP. (COOPER)

181 A.D.2d 52 (1992)

In the Matter of the Arbitration between Hirsch Construction Corp., Appellant, and Brian Cooper et al., Respondents

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

June 30, 1992

Attorney(s) appearing for the Case

Andrew W. Goldwater of counsel (Friedman & Kaplan, attorneys), for appellant.

Robert W. Forman of counsel (Greenberger & Forman, attorneys), for respondents.

ROSENBERGER, ELLERIN and KASSAL, JJ., concur with SULLIVAN, J. P.; MILONAS, J., concurs in a separate opinion.

SULLIVAN, J. P.

This appeal is from the vacatur of an arbitration award on the ground that the underlying dispute was not subject to arbitration because the agreement to arbitrate was void as part of a "home improvement" contract entered into before the requisite home improvement contractor's license had been obtained. Since the lack of a license was never submitted to the arbitrators, the belated proffer of...

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