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  5. 224 A.D.2d 250 (1996)
 

MATTER OF RRN ASSOCS., INC.

224 A.D.2d 250 (1996)

637 N.Y.S.2d 409

In the Matter of the Arbitration between Rrn Associates, Inc., Appellant, and Dak Electric Contracting Corp., Respondent

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

February 8, 1996

There was no basis whatsoever upon which to grant reargument. With respect to projects numbers 4 and 5, respondent, in seeking reargument, argued that there was no agreement to arbitrate. It is undisputed, however, that respondent never sought a stay of arbitration within 20 days after service of the notice of intention to arbitrate. By failing so to move, respondent is precluded from arguing the absence of an agreement to arbitrate. (CPLR 7503 [c]; Matter of Aaacon Auto...

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