MATTER OF MERRITT-CHAPMAN & SCOTT CORP.


7 A.D.2d 627 (1958)

In the Matter of the Arbitration between Merritt-Chapman & Scott Corporation, Respondent, and Clarke Baridon, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 5, 1958


Orders unanimously affirmed, with $20 costs and disbursements to respondent.

Specifically excluded from the arbitration clause were disputes for which provision for determination was otherwise made in the agreement. Since such a provision for determination of disputes as to the claims made by the subcontractor herein is included in another part of the agreement, there is no contract to arbitrate them. Hence, a stay of the arbitration was properly granted. We do not...

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