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MATTER OF BARBALIOUS v. EXTERIOR WALL SYSTEMS, INC.

14 A.D.3d 508 (2005)

787 N.Y.S.2d 715

In the Matter of JOHN BARBALIOUS et al., Respondents, v. EXTERIOR WALL SYSTEMS, INC., Appellant.

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

January 10, 2005.

Ordered that the order is reversed, on the law, with costs, the motion to compel arbitration is granted, the petition is denied, and the processing is dismissed.

Under the circumstances of this case, the Supreme Court erred in granting the petition to stay the arbitration (see Matter of Liebhafsky [Comstruct Assoc.], 62 N.Y.2d 439 [1984]). Contrary to the Supreme Court's determination, the provision requiring submission of...

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