MATTER OF NEALON v. NOVICK


226 A.D.2d 381 (1996)

640 N.Y.S.2d 772

In the Matter of Patrick Nealon et al., Respondents, v. Carole Novick, Respondent, and United Real Estate Brokers of Rockland, Ltd., Appellant

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

April 1, 1996


Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the parties are directed to proceed to arbitration.

"A stay of arbitration on the ground that demand was ineffectual is * * * improper in a case such as this where petitioner obviously had actual notice of the demand to arbitrate and an opportunity, via this proceeding to stay arbitration, to judicially review its threshold objections to arbitrability...

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