MASSARO ELEC. CO. v. CMG


180 Misc.2d 352 (1999)

689 N.Y.S.2d 361

Massaro Electric Company, Plaintiff, v. CMG — Construction Management Group, Defendant.

District Court of Nassau County, First District.

March 18, 1999


Attorney(s) appearing for the Case

Lewis & Greer, P. C., Poughkeepsie (Daniel P. Adams of counsel), for defendant. Norman S. Langer, Brooklyn, for plaintiff.


MICHAEL S. ALONGE, J.

The defendant brings this motion to both compel arbitration and vacate a default judgment in the amount of $11,066.

This raises the unique question of whether a party can move to compel arbitration after a default judgment has been entered, a situation for which there does not seem to be any cases directly on point.

This case arises from a construction contract wherein plaintiff company was hired to perform approximately...

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