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KYTEL INTERNATIONAL GROUP, INC. v. TOTAL-TEL CARRIER SERVICES

22 A.D.3d 250 (2005)

802 N.Y.S.2d 36

KYTEL INTERNATIONAL GROUP, INC., Respondent, v. TOTAL-TEL CARRIER SERVICES, Also Known as COVISTA CARRIER SERVICES, et al., Appellants.

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

October 6, 2005.

Defendants moved to dismiss the action as barred by the statute of limitations, and only in the alternative sought to stay the action on the ground that the dispute is arbitrable. The court granted the alternative relief sought, after noting that plaintiff's opposition agreed that the dispute is arbitrable, and declined to decide the limitations issue on the ground that such is for the arbitrator. This was error. That plaintiff's opposition to the motion agreed that the dispute...

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