Opinion
June 23, 1949.
Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.;
There is no provision in the contract for the arbitration of all disputes arising out of the agreement. On the contrary, the provision for arbitration is a limited one, contemplating only the arbitration of the architect's decisions. It does not appear that the claims in question were submitted to the architect for decision or passed upon by him. Petitioner has, therefore, failed to show that a condition precedent to arbitration has been satisfied. We do not pass upon the question of whether the claims in issue come within the cognizance of the architect under the contract. Order reversed, with $20 costs and disbursements to the appellant, and the motion denied.
Callahan, J., concurs in the result upon the ground that the claim in issue did not come within the cognizance of the architect under the contract and, therefore, was not arbitrable. Settle order on notice.