DocketNumber: No. CV93 0133647S
Citation Numbers: 1994 Conn. Super. Ct. 7023, 9 Conn. Super. Ct. 872
Judges: HICKEY, J.
Filed Date: 7/27/1994
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff filed a motion to stay this action, which the CT Page 7024 court, by the undersigned, granted on February 22, 1994. The stay was sought pursuant to General Statutes §
On June 16, 1994, defendant Byelas filed a motion to discharge a mechanics' lien, claiming that the stay only applied to the issues between plaintiff and defendant Stop Shop. Defendant Byelas argues, inter alia, that the mechanics' lien should be discharged because as the owner of the property, Byelas did not consent to the work done by plaintiff.
Defendant Stop Shop's motion for stay referred to "this action," and in granting such stay, the court did not limit it to certain issues of parties. General Statutes §
[i]f any action for legal or equitable relief or other proceeding is brought by any party to a written agreement to arbitrate, the court in which the action or proceeding is pending, upon being satisfied that any issue involved in the action or proceeding is referable to arbitration under the agreement, shall, on motion of any party to the arbitration agreement, stay the action or proceeding until an arbitration has been had in compliance with the agreement, provided the person making and willing to proceed with the arbitration.
General Statutes §
No Connecticut law was found directly addressing the issue of whether an entire arbitration proceeding should be stayed pending arbitration when the action also involves parties who are not signatories to the underlying arbitration agreement. The Superior Court cases granting stays pursuant to §
The stay granted by this court was not limited to certain CT Page 7025 issues and defendant Byelas did not object to the stay at the time it was sought. The damages sought in this action center around the services provided to defendant Stop Shop by plaintiff and its subcontractors pursuant to a contract between the parties, and it is this contract which is the subject of the arbitration. SeeMutual Ben. Life Ins. Co. v. Zimmerman,