MATTER OF BD. OF EDUC., YONKERS CITY SCH. DIST. v. OLENA CONSTR. CORP.


195 A.D.2d 458 (1993)

600 N.Y.S.2d 135

In the Matter of Board of Education, Yonkers City School District, Respondent, v. Olena Construction Corp., Appellant

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

July 6, 1993


Ordered that the judgment is reversed, on the law, with costs, the petition is dismissed, and the cross motion to compel arbitration is granted.

Having failed to move for a stay of arbitration within 20 days after the service of the demand for arbitration, the petitioner is now barred from such relief (see, CPLR 7503 [c]; Aetna Life & Cas. Co. v Stekardis, 34 N.Y.2d 182

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