MATTER OF DIEMACO v. COLT'S MFG. CO., INC.


236 A.D.2d 289 (1997)

654 N.Y.S.2d 12

In the Matter of Diemaco, Appellant, v. Colt's Manufacturing Company, Inc., et al., Respondents

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

February 20, 1997


Since petitioner failed to raise its objections to the applicability of the arbitration agreement in a timely application for a stay pursuant to CPLR 7503 (c), the IAS Court properly dismissed the petition as time-barred. Nor is there merit to petitioner's contention that a stay is warranted because there was no express, direct and unequivocal agreement to arbitrate between itself and respondent. The unambiguous incorporation of the License Agreement between respondent and...

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