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MATTER OF DERFNER & MAHLER, L. L. P. v. RHOADES

257 A.D.2d 431 (1999)

683 N.Y.S.2d 509

In the Matter of DERFNER & MAHLER, L. L. P., Respondent, v. DANIEL RHOADES et al., Appellants.

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

Decided January 12, 1999.

Petitioner's motion to confirm the arbitration award was properly made under the same caption and index number as the attachment proceeding. Matter of Solkav Solartechnik (Besicorp Group) (91 N.Y.2d 482), in which the first application arising out of an arbitrable controversy was for a stay of arbitration, is distinguishable. Unlike a stay application, which, if denied, as in Solkav, ends in a final judgment determining the...

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