MATTER OF CALVIN KLEIN, INC.


204 A.D.2d 149 (1994)

611 N.Y.S.2d 549

In the Matter of the Arbitration between Calvin Klein, Inc., Appellant, and G.P. Winter Associates, Inc., Respondent

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

May 12, 1994


Respondent sought arbitration of a construction contract dispute involving petitioner's refusal to pay for work completed. The petition to stay was grounded on respondent's alleged failure to comply with certain conditions precedent to arbitration, namely, the requirement to refer all claims initially to the project architect, and to make all such claims in a timely fashion. The time limit for making such a claim was established as "promptly — best efforts * * * within...

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