In re the Arbitration between Crosett & Mount Vernon Housing Authority

On motions of the nature under consideration, the court is not authorized to consider the merits of the controversy. The only pertinent questions are: (1) whether there is in fact a dispute; (2) whether there is a contract to arbitrate; and (3) whether there is a refusal to arbitrate. Those three elements are here present. Johnston, Acting P. J., Adel, Sneed, Wenzel and, MaeCrate, JJ., concur. [See 276 App. Div. 848.]