NASSAU SUFFOLK RADIOLOGICAL ASSOCS., P.C. v. TUGENDHAFT


236 A.D.2d 411 (1997)

654 N.Y.S.2d 313

In the Matter of Nassau Suffolk Radiological Associates, P. C., et al., Appellants, v. Robert I. Tugendhaft, Respondent

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

February 3, 1997


Ordered that the order is reversed, on the law, with costs, and the petition is granted.

CPLR 7502 (b) provides that "If, at the time that a demand for arbitration was made * * * the claim sought to be arbitrated would have been barred by limitation of time had it been asserted in a court of the state, a party may assert the limitation as a bar to arbitration on an application to the court [to stay arbitration]".

In determining whether an arbitration claim...

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