Opinion
October 17, 1949.
Appeal from an order denying appellant's motion to stay arbitration and granting respondents' cross motion to direct arbitration to proceed. Order affirmed, with $10 costs and disbursements. 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 MacCrate, JJ., concur.