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In the Matter of CPS 1 REALTY LP, Appellant, v. R.P. BRENNAN GENERAL CONTRACTORS BUILDERS, INC., Respondent.

On a motion to stay arbitration, the court's "gatekeeper" role is limited to deciding whether there was a valid arbitration agreement, whether the parties complied with the agreement, and whether the claim to be arbitrated was barred by the statute of limitations ( see Cooper v Bruckner, 21 AD3d 758, 759).

Here, the court properly found that the issue of respondent's failure to provide timely notices to petitioner, "though couched in terms of satisfaction of a condition precedent to arbitration, is in actuality nothing more than an allegation of noncompliance with the substantive terms of the contract, a matter plainly encompassed by the arbitration clause" ( Matter of Montgomery-Otsego-Schoharie Solid Waste Mgt. Auth. [Bonded Insulation Co.], 215 AD2d 995, 996).

[ See 22 Misc 3d 1135 (A), 2009 NY Slip Op 50451(U).]

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CPS 1 REALTY v. R.P. BRENNAN GENERAL CONTRS
(Oct 6, 2009)