District Court, S.D. New York September 18, 1995, No. 94 Civ. 9081 (RWS) (MTS, Inc. v. 200 East 87th Street Associates)

SWEET, District Judge.

Plaintiff MTS, Inc. (“Tower”) has moved for summary judgment pursuant to Rule 56, Fed.R.CivJP. to compel the arbitration sought in the third claim of its complaint and to dismiss the first counterclaim of defendant 200 East 87th Street Associates, Inc. (“Associates”) seeking attorneys’ fees.