Appellate Division of the Supreme Court of New York, 1983

Clockwork Development Venture v. Catamount Construction Corp.

Clockwork Development Venture v. Catamount Construction Corp.
Appellate Division of the Supreme Court of New York · Decided June 7, 1983
95 A.D.2d 672; 1983 N.Y. App. Div. LEXIS 18569
Clockwork Development Venture v. Catamount Construction Corp.

Opinion of the Court

— Motion for stay denied. Petitioner’s participation in the arbitration, however, shall not be deemed to have waived the claim that a condition precedent to arbitration has not been complied with. Appellant is directed to perfect the appeal for the October, 1983 Term. In the event the appeal is not so perfected, *673the stipulation of the parties shall be of no further force or effect. Concur — Murphy, P. J., Ross, Asch, Kassal and Alexander, JJ.

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