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TRADESOURCE, INC. v. ANCOR, INC.

281 A.D.2d 538 (2001)

721 N.Y.S.2d 810

TRADESOURCE, INC., Respondent, v. ANCOR, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 19, 2001.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contentions, the plaintiff's commencement of this action, inter alia, to foreclose a mechanic's lien in response to the defendants' demand pursuant to Lien Law § 59 did not constitute a waiver of its contractual right to resolve the dispute in arbitration (see, Matter of D.M.C. Constr. Corp., v Nash Steel Corp., 50 A.D.2d 560; Matter...

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