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MATTER OF FIVECO v. HABER

11 N.Y.3d 140 (2008)

In the Matter of FIVECO, INC., Doing Business as MER'S, INC., Appellant, v. BRUCE HABER, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Michael T. Lamberti, Woodbury, for appellant.

Blatt & Koppelman, P.C., New City (Itamar J. Yeger and Ronald S. Koppelman of counsel), for respondent.

OPINION OF THE COURT

PIGOTT, J.

This appeal requires us to determine whether an untimely petition to permanently stay arbitration brought by petitioner Fiveco, Inc. falls under the exception to the statutory limitation period articulated in Matter of Matarasso (Continental Cas. Co.) (56 N.Y.2d 264 [1982]). We hold that it does not; thus, the petition is time-barred and the parties' dispute must be submitted to arbitration...

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