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MATTER OF WONDER WORKS CONSTRUCTION CORP. v. R.C. DOLNER, INC.

617, 114834/06

73 A.D.3d 511 (2010)

901 N.Y.S.2d 30

In the Matter of WONDER WORKS CONSTRUCTION CORP., Appellant, v. R.C. DOLNER, INC., Respondent, et al., Respondents.

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

Decided May 11, 2010.

After respondent owner 217 Mulberry Street Company, LLC filed a notice of claim on general contractor seeking to arbitrate a claim for damages resulting from alleged deficiencies in the construction performed pursuant to the terms of the prime contract between owner and general contractor, general contractor demanded that subcontractor join in the arbitration. The subcontract contains no arbitration provision but states that "[w]ith respect to the Work, [subcontractor] agrees...

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