From Casetext: Smarter Legal Research

Matter of Svrgn. Constr. v. W. Seneca Lumber

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1973
41 A.D.2d 612 (N.Y. App. Div. 1973)

Opinion

February 13, 1973


Two orders of the Supreme Court, New York County, each entered on April 5, 1972, denying petitioner's motions to vacate demands for arbitration in two proceedings, unanimously modified, on the law, to the extent of limiting arbitration to matters involving deliveries made within six years prior to the service of the demand for arbitration herein, and otherwise affirmed, without costs and without disbursements. More than six years have elapsed since some of the claims in issue arose and such claims are, accordingly, time barred (CPLR 7502, subd. [b]). Whether or not deliveries were made within six years prior to service of the demands for arbitration, the questions relating to liability arising from such deliveries, are for the arbitrators.

Concur — McGivern, J.P., Nunez, Murphy, Capozzoli and Macken, JJ.


Summaries of

Matter of Svrgn. Constr. v. W. Seneca Lumber

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1973
41 A.D.2d 612 (N.Y. App. Div. 1973)
Case details for

Matter of Svrgn. Constr. v. W. Seneca Lumber

Case Details

Full title:In the Matter of SOVEREIGN CONSTRUCTION COMPANY, LTD., Appellant, v. WEST…

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

Date published: Feb 13, 1973

Citations

41 A.D.2d 612 (N.Y. App. Div. 1973)

Citing Cases

Matter of Schlaifer

Unlike Hughes v Eddy Valve Co. ( 131 N.Y.S. 744), relied on by petitioner, there is no evidence of…