New York Court of Appeals, 1982

Preiss/Breismeister Architects v. Westin Hotel Company-Plaza Hotel Division

Preiss/Breismeister Architects v. Westin Hotel Company-Plaza Hotel Division
New York Court of Appeals · Decided May 20, 1982
56 N.Y.2d 787; 437 N.E.2d 1154; 452 N.Y.S.2d 397; 1982 N.Y. LEXIS 3437
Preiss/Breismeister Architects v. Westin Hotel Company-Plaza Hotel Division

Cases that cite this one

20 later published cases cite this decision.

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Opinion

*789 OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. We agree that the motion to compel arbitration was properly granted. There is neither waiver nor an election of remedies where, as here, plaintiff moves in court for protective relief in order to preserve the status quo while at the same time exercising its right under the contract to demand arbitration.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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