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MATTER OF KOHN PEDERSON FOX ASSOCS.

189 A.D.2d 557 (1993)

In the Matter of the Arbitration between Kohn Pederson Fox Associates, P. C., Respondent, and FDIC, as Receiver of Goldome, Appellant

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

January 5, 1993

Respondent seeks to arbitrate a claim that certain portions of newly constructed buildings it owns failed as a result of petitioner architect's breach of contract and professional negligence.

Both sides contend, and we agree, that the IAS Court should not have left it to the arbitrator to decide whether the claim is barred by the Statute of Limitations (CPLR 7502 [b]; Matter of Paver & Wildfoerster [Catholic High...

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