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MATTER OF CONGERS AUTO SERV. v. HOPPER

205 A.D.2d 773 (1994)

614 N.Y.S.2d 912

In the Matter of Congers Auto Service, Respondent, v. Barry Hopper, Appellant

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

June 27, 1994

Ordered that the judgment is affirmed, with costs.

Having failed to apply for a stay of arbitration pursuant to CPLR 7503 (c), the appellant is precluded from raising his present claims that the agreement to arbitrate was not valid or that conditions precedent to the invocation of arbitration were not complied with (see, CPLR 7503 [c]; Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264...

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