RUTTURA & SONS CONSTRUCTION CO., INC. v. J. PETROCELLI CONSTRUCTION, INC.


257 A.D.2d 614 (1999)

684 N.Y.S.2d 286

RUTTURA & SONS CONSTRUCTION CO., INC., Appellant, v. J. PETROCELLI CONSTRUCTION, INC., et al., Respondents.

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

Decided January 19, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly determined that the defendant J. Petrocelli Construction, Inc. (hereinafter Petrocelli), did not waive its right to arbitrate by participating in this litigation. Because Petrocelli raised the requirement of arbitration as an affirmative defense in its answer, and because there are arbitrable and nonarbitrable issues involved, it did not waive its right to arbitration...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases