Appellate Division of the Supreme Court of the State of New York January 30, 2007 (St. Paul Travelers Companies, Inc. v. Joseph Mauro & Son, Inc.)

In an action, inter alia, to recover damages for breach of contract, the defendant Shore Drugs, Inc., appeals from so much of an order of the Supreme Court, Suffolk County (Jones, J), dated November 30, 2005, as denied that branch of its cross motion which was to dismiss the complaint insofar as asserted against it on the ground that the controversy should be submitted to arbitration.