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MATTER OF GEORGE F. DRISCOLL CO.

8 N.Y.2d 994 (1960)

In the Matter of the Arbitration between George F. Driscoll Company et al., Appellants, and New York City Housing Authority, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Pallister Hamilton Feely for appellants.

Paul W. Hessel, Irving Wise and James P. Fitzsimmons for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents in the following opinion:

Order affirmed, with costs.

FROESSEL, J. (dissenting).

I agree with the dissenting Justices in the Appellate Division. Whether a particular dispute is within the compass of an arbitration clause, i.e., whether the parties have contracted to arbitrate that dispute, is of course an issue of law to be resolved by the court. There is a related but far more limited concept that "a bona fide dispute is not raised with regard to the interpretation of...

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