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McGRATH v. McGRATH

231 A.D.2d 862 (1996)

648 N.Y.S.2d 404

Donald G. McGrath, Appellant, v. Joan C. McGrath, Respondent

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

September 27, 1996

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting defendant's motion to compel arbitration. Defendant had served neither a demand for arbitration nor a notice of intention to arbitrate, as required by CPLR 7503 (c). Additionally, because there was no pending action before the court, defendant was required to commence a special proceeding to compel...

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