Order unanimously reversed, on the law, without costs, and motion granted.
Memorandum:
On petitioner's motion to stay arbitration, the court erred in denying the motion and determining the dispute on the merits. Arbitration cannot be compelled and should be stayed where the subject matter of the dispute is not within the intent of the arbitration agreement (see, Matter of County of Rockland [Primiano Constr. Co.],
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