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  5. 264 A.D.2d 317 (1999)
 

AMBASSADOR CONSTRUCTION CO., INC. v. 40 WALL STREET DEVELOPMENT ASSOC., L. L. C.

264 A.D.2d 317 (1999)

693 N.Y.S.2d 137

AMBASSADOR CONSTRUCTION CO., INC., Respondent, v. 40 WALL STREET DEVELOPMENT ASSOC., L. L. C., et al., Defendants, and CHARLENE F. MARANT, Doing Business as MARANT ENTERPRISES, et al., Appellants.

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

Decided August 5, 1999.

The IAS Court correctly denied Marant's motion to permanently stay this action to foreclose a mechanic's lien and compel arbitration. Although no waiver of arbitration occurred (see, Braun Equip. Co. v Meli Borelli Assocs., 220 A.D.2d 311; Two Cent. Tower Food v Pelligrino, 212 A.D.2d 441, 442), defendants' right to arbitrate is barred by the failure to comply with a clearly applicable contractual...

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