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MATTER OF 3202 OWNERS CORP.

25 A.D.3d 715 (2006)

811 N.Y.S.2d 727

In the Matter of 3202 OWNERS CORP., Appellant. BILLY CONTRACTORS, INC., Respondent.

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

January 24, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is granted, and the arbitration is stayed.

The respondent failed to comply with a condition precedent under the arbitration provision of the parties' construction contract. Thus, the Supreme Court should have granted the petition to stay arbitration (see Matter of Lakeland Fire Dist. v East Area Gen. Contrs., Inc., 16 A.D.3d 417

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