Order affirmed, with costs.
Although we uphold Special Term's order which denied the petitioner's application to stay arbitration, we do so for reasons different from those advanced by Special Term. The court should not have passed upon the issue of whether the instant arbitration proceeding was barred on the ground of res judicata by the parties' prior arbitration award. Once it has been determined that the claim sought to be arbitrated falls within the scope of...
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