System Structures, Inc. v. Blair Chevrolet, Inc.

• Court: New York Supreme Court — Appellate Division
• Citation: System Structures, Inc. v. Blair Chevrolet, Inc., 24 A.D.2d 457, 260 N.Y.S.2d 396 (N.Y. App. Div. 1965)
• Decision Date: 01 June 1965
• Parties: SYSTEM STRUCTURES, INC., Plaintiff-Respondent, v. BLAIR CHEVROLET, INC., Defendant-Third-Party Plaintiff-Appellant; Frederick T. BOCK and Raymond Fellman, Third-Party Defendants-Respondents.

Page 396

260 N.Y.S.2d 396

24 A.D.2d 457

SYSTEM STRUCTURES, INC., Plaintiff-Respondent, v. BLAIR CHEVROLET, INC., Defendant-Third-Party Plaintiff-Appellant; Frederick T. BOCK and Raymond Fellman, Third-Party Defendants-Respondents.

Supreme Court, Appellate Division, Second Department.

June 1, 1965.

Jerome R. Halperin, New York City, for appellant. Walker & Walker, New York City, third party respondents; Nathan Walker, New York City, of counsel.

No brief or appearance for respondent System Structures, Inc.

Before BELDOCK, P. J., and UGHETTA, CHRIST, HILL and RABIN, JJ.

MEMORANDUM BY THE COURT.

In an action by a building corporation to recover the unpaid balance due under a contract between it and the defendant corporation, BLAIR CHEVROLET, INC., the owner of certain premises, for the construction of an automobile sales showroom and repair area upon said premises, in which the owner Blair counterclaimed for alleged defects in the construction of the building and at the same time instituted a third party action against the architects, Bock and Fellman, as third party defendants, for alleged defects in the plans and specifications for the building, the owner Blair appeals from an order of the Supreme Court, Nassau County, entered October 28, 1964 upon reargument, which: (1) vacated a prior order granting consolidation of two arbitration proceedings, one being between plaintiff and Blair and one between Blair and Bock, and denied such consolidation; (2) granted the motion of Bock and Fellman to compel arbitration between Blair and Bock and to stay the third party action against them pending determination of said arbitration; and (3) directed that the action by plaintiff against Blair be...