Castagna & Son, Inc. v. Alan Michel Plumbing, Inc.
Castagna & Son, Inc. v. Alan Michel Plumbing, Inc.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The subcontract between respondent and petitioner Castagna contains no provision for arbitration. Rather, it provides for determination of any controversy pursuant to the New York Simplified Procedure for Court Determination of Disputes, provided no other provision of the subcontract or of the construction contract between Castagna and petitioner Church Charity Foundation “provides for a determination thereof by other means.”
For a number of reasons the construction contract cannot be said to provide for arbitration between respondent and petitioners as respondent has demanded. First, respondent sought an amendment of the subcontract to provide for arbitration, but nevertheless executed it as drawn after the requested amendment was refused. Second, although the construction contract contains an arbitration clause, it requires arbitration only of disputes “arising out of or relating to this Agreement.” Third, articles I and II of the subcontract, which bound respondent by the terms of the construction contract so far as applicable to respondent’s work, relate to the work to be performed by respondent, not to the arbitration provisions of the construction contract.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Kaye concur; Judge Simons taking no part.
Order affirmed, with costs, in a memorandum.
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