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CINELLI BUILDERS, INC. v. FERRIS

2010-00957.

78 A.D.3d 881 (2010)

911 N.Y.S.2d 446

CINELLI BUILDERS, INC., Respondent, v. STEVEN FERRIS et al., Appellants.

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

Decided November 16, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a prior appeal between the same parties (see Cinelli Bldrs., Inc. v Ferris, 76 A.D.3d 608 [2010]), we affirmed an order which, inter alia, directed the parties to proceed to arbitration based on an arbitration clause in the parties' contract. We concluded that the plaintiff/petitioner, Cinelli Builders, Inc. (hereinafter the plaintiff), was not...

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