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IN THE MATTER OF 1210 COLVIN AVENUE, INC. v. TOPS MARKETS, LLC.

30 A.D.3d 995 (2006)

816 N.Y.S.2d 639

In the Matter of 1210 COLVIN AVENUE, INC., Respondent, v. TOPS MARKETS, LLC, Appellant.

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

June 9, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this special proceeding pursuant to CPLR 7502 (a) seeking a permanent stay of arbitration on the ground that there is no agreement between the parties that would entitle respondent to demand arbitration (see CPLR 7503 [b]). Supreme Court properly granted the petition and denied respondent's motion to dismiss...

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