Clockwork Development Venture v. Catamount Construction Corp.

¶1— Motion for stay denied. Petitioner’s participation in the arbitration, however, shall not be deemed to have waived the claim that a condition precedent to arbitration has not been complied with. Appellant is directed to perfect the appeal for the October, 1983 Term. In the event the appeal is not so perfected, *673the stipulation of the parties shall be of no further force or effect. Concur — Murphy, P. J., Ross, Asch, Kassal and Alexander, JJ.