Appellate Division of the Supreme Court of New York, 1973

Sovereign Construction Co. v. West Seneca Lumber Co.

Sovereign Construction Co. v. West Seneca Lumber Co.
Appellate Division of the Supreme Court of New York · Decided February 13, 1973
41 A.D.2d 612; 340 N.Y.S.2d 582; 1973 N.Y. App. Div. LEXIS 5144
Sovereign Construction Co. v. West Seneca Lumber Co.

Opinion of the Court

*613Two 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 — McGrivern, J. P., Nunez, Murphy, Capozzoli and Macken, JJ.

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