Appellate Division of the Supreme Court of New York, 1976

Incorporated Village of Hempstead v. Anron Air Systems, Inc.

Incorporated Village of Hempstead v. Anron Air Systems, Inc.
Appellate Division of the Supreme Court of New York · Decided April 12, 1976
52 A.D.2d 591; 382 N.Y.S.2d 118; 1976 N.Y. App. Div. LEXIS 12194
Incorporated Village of Hempstead v. Anron Air Systems, Inc.

Opinion of the Court

In a proceeding to vacate respondent’s notice to arbitrate, petitioner appeals from an order of the Supreme Court, Nassau County, dated September 23, 1975, which denied the application. Order affirmed, with $50 costs and disbursements. The filing of a notice of claim pursuant to CPLR 9802 does not constitute a waiver of the right to arbitrate (Matter of Town of Islip v Stoye, 29 NY2d 524). The parties should proceed *592to arbitration as soon as possible. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Hawkins, JJ., concur.

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