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MATTER OF EVAN LOUIS REALTY CORP. v. FLAGG PROPERTIES, LLC

306 A.D.2d 409 (2003)

760 N.Y.S.2d 894

In the Matter of EVAN LOUIS REALTY CORP., Respondent, v. FLAGG PROPERTIES, LLC, Appellant.

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

Decided June 16, 2003.

Ordered that the order is affirmed, with costs.

The Supreme Court has the jurisdiction to determine whether contractual conditions precedent to arbitration have been fulfilled (see Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1 [1980]; Matter of United Nations Dev. Corp. v Norkin Plumbing Co., 45 N.Y.2d 358, 364 [1978]; Matter of Raisler Corp. [N.Y. City Hous...

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