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IN THE MATTER OF ACCESSIBLE DEVELOPMENT CORP.

4 A.D.3d 217 (2004)

772 N.Y.S.2d 263

In the Matter of Arbitration between ACCESSIBLE DEVELOPMENT CORP., Appellant, and OCEAN HOUSE CENTER, INC., Respondent.

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

February 19, 2004.

Prior to the commencement of this proceeding to arbitrate a dispute over payment for alterations to respondent's adult care facility, a grand jury indicted respondent's two principals for fraud, theft and falsification of business records. The grand jury heard testimony by petitioner's owner that he had participated in a scheme to divert construction mortgage funds intended for the renovation, to pay instead for renovations on the private home of one of respondent's principals...

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