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WELLSTONE MILLS, LLC v. DILLON YARN CORP.

63 A.D.3d 550 (2009)

880 N.Y.S.2d 485

WELLSTONE MILLS, LLC, Appellant, v. DILLON YARN CORPORATION, Respondent.

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

Decided June 18, 2009.

The petition to stay arbitration was properly denied. Questions concerning conditions precedent to an obligation to arbitrate, such as time limits, are generally for the arbitrator to decide in the absence of a provision to the contrary or a provision that New York law (which provides that some timeliness issues are for the courts) governs both the agreement and its enforcement (Matter of Diamond Waterproofing Sys., Inc. v 55...

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