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MATTER OF CPS 1 REALTY LP v. R.P. BRENNAN GENERAL CONTRACTORS & BUILDERS, INC.

1108, 1108A, 114766/08.

66 A.D.3d 418 (2009)

885 N.Y.S.2d 601

2009 NY Slip Op 7149

In the Matter of CPS 1 REALTY LP, Appellant, v. R.P. BRENNAN GENERAL CONTRACTORS & BUILDERS, INC., Respondent.

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

Decided October 6, 2009.

On a motion to stay arbitration, the court's "gatekeeper" role is limited to deciding whether there was a valid arbitration agreement, whether the parties complied with the agreement, and whether the claim to be arbitrated was barred by the statute of limitations (see Cooper v Bruckner, 21 A.D.3d 758, 759 [2005]).

Here, the court properly found that the issue of respondent's failure...

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