L. & R. Hewett Construction Corp. v. Ausnit

The conditions specified in section 1452 of the Civil Practice Act, for the appointment of an arbitrator by the court have not been shown to exist; the contract provisions for arbitration must be followed and appointment of a third arbitrator made in accordance therewith. Orders unanimously reversed, with $20 costs and disbursements to the appellants, and the motions denied. Present — Peek, P. J., Glennon, Dore, Van Voorhis and Bergan, JJ.