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B. ARBITRATION

Matter of Bevona (Alma Realty) (201 A.D.2d 309) waiver of objection by failure to move to stay arbitration; claim of failure of notice rejected, in absence of prejudice and averment of unawareness of adjourned date.

2. Ragucci v. Professional Construction Services (___ A.D.3d ____, 803 N.Y.S.2d 139) - standard form owner-architect agreement created by the American Institute of Architects to provide architectural services in connection with the construction of a residence was clearly for owner’s personal and family use and therefore deemed to be a contract for the sale or purchase of “consumer goods” as that term is defined by General Business Law §399-c; mandatory arbitration clause in standard form owner-architect AIA contract requiring the parties to such contract to submit any controversy thereafter arising under such contract to arbitration prior to the commencement of any legal action and which provides that the decision of the arbitrator is final and not subject to court review is null and void; broad definition of “consumer goods” includes professional services where purchased by a consumer and intended for personal or family purposes.

3. Blake Realty, Inc. d/b/a Prudential Manor Homes v. Schuh Real Estate and Christopher Schuh (__ N.Y.S.2d __) (Supreme Court, Albany County, #1503-05, August 4, 2005 Decision of Spargo, J.) (enforcement of Bylaw requiring arbitration).

4. Norma Reynolds Realty, Inc. v. Adam Young, Peggy Young, Prudential Douglas Ellimon Real Estate and Brown Harris Stevens, LLC, __ N.Y.S.2d __) (Supreme Court, Queens County, #04-26308 September 14, 2005 Decision of Werner, J.) (requiring arbitration by REALTOR members of different Boards under NAR Code of Ethics).

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