Opinion
May 12, 1994
Appeal from the Supreme Court, Orange County (Owen, J.).
Respondent's arguments on this appeal are based upon his claim that the parties' contract, which contained their agreement to arbitrate, was terminated before petitioner demanded arbitration. The claim presents an issue that was for the arbitrator to decide (see, Matter of Schlaifer v. Sedlow, 51 N.Y.2d 181, 185) and, therefore, it is not a ground to vacate the award (see, CPLR 7511 [b]).
Mikoll, J.P., Crew III, White and Peters, JJ., concur. Ordered that the order is affirmed, with costs.