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  5. 64 N.Y.2d 261 (1985)
 

SHERRILL v. GRAYCO BUILDERS

64 N.Y.2d 261 (1985)

Richard Sherrill, Respondent, v. Grayco Builders, Inc., et al., Appellants, and Louis E. Yavner et al., Respondents. Richard Sherrill, Respondent, v. Riverside Park Community (Stage I), Inc., et al., Respondents, and Daniel L. Gray, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 12, 1985.

Attorney(s) appearing for the Case

Sol V. Slotnik for appellants in the first above-entitled action.

Morrell I. Berkowitz for Richard Sherrill, respondent in the first above-entitled action.

David L. Berkey and Stewart E. Wurtzel for Louis E. Yavner, respondent in the first above-entitled action.

Sol V. Slotnik for appellant in the second above-entitled action.

Morrell I. Berkowitz for Richard Sherrill, respondent in the second above-entitled action.

David L. Berkey for Louis E. Yavner and another, respondents in the second above-entitled action.

Chief Judge WACHTLER and Judges JASEN, MEYER and SIMONS concur; Judge ALEXANDER taking no part.

KAYE, J.

The issue before us is whether the parties' disputes should be resolved by arbitration or litigation. Appellants, seeking arbitration, urge that respondents are bound by written agreements to arbitrate, while respondents contend that any right appellants may have had to arbitrate has been lost by extensive courthouse proceedings, and in any event would be defeated by the fact that one of the parties...

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