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MATTER OF DELMA ENG'G CORP.

6 A.D.2d 710 (1958)

In the Matter of the Arbitration between Delma Engineering Corp., Appellant, and K & L Construction Co., Respondent

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

May 19, 1958

Order reversed, without costs, and proceeding remitted to the Special Term for further action as indicated herein.

There was no agreement here to arbitrate before particular arbitrators. The dominant intent was to arbitrate, with the machinery of selection of the arbitrators subordinate and incidental. The court in its discretion may appoint arbitrators from the former panel used by the New York Building Congress, Inc., at the time it engaged in arbitration. It is...

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