Opinion
December 4, 1990
Appeal from the Supreme Court, New York County (Irma Santaella, J.).
Petitioners entered into a written agreement with respondent for the performance of construction and remodeling work on the petitioners' premises located at 18 East 77th Street in Manhattan, The agreement contained a broad arbitration clause. According to the petitioners, shortly after commencing work respondent abandoned the project and, as a result, petitioners hired James Gerakaris, doing business as R.J.G. Contracting Co., Inc., to complete the construction work. Subsequently, respondent Golden Hands, Inc. demanded arbitration, and petitioners moved to vacate the notice and stay arbitration.
Initially, as respondent Golden Hands, Inc. concedes, the IAS court committed reversible error in conditioning the denial of the petitioners' motion on adding R.J.G. Contracting Co., Inc., which was not a signatory to the arbitration agreement, as a party to the arbitration. A party to a written arbitration agreement may not be compelled to arbitrate disputes which arise thereunder with a nonparty. Contrary to petitioners' assertions, however, once the parties to a broad arbitration clause have made a valid choice of forum, all questions with respect to whether the agreement to arbitrate was subsequently terminated or abandoned are for the arbitrator, not the court, to resolve (Matter of Cassone, 63 N.Y.2d 756).
We further find that the demand for arbitration states, with sufficient specificity, the nature of the underlying dispute and the amount sought (Matter of Nager Elec. Co. [Weisman Constr. Corp.], 29 A.D.2d 939).
Concur — Ross, J.P., Carro, Milonas, Rosenberger and Asch, JJ.