Cross-petitioner-respondent shall recover of appellant $40 costs and disbursements of this appeal. Special Term correctly found that cross-petitioner-respondent, Stewart M. Muller Construction Co., Inc., was not obligated to arbitrate with appellant Alvord & Swift since their contract did not specifically incorporate by reference or otherwise the arbitration clause of the main contract between Muller and New York Telephone Company. Furthermore, as stated by the court...
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