Opinion
May 4, 1998
Appeal from the Supreme Court, Westchester County (DiBlasi, J.).
Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.
The respondent Newburgh Steel Products, Inc., solicited and was awarded a bid to fabricate and install steel products as part of the construction of a school gymnasium. Thereafter, while the work went forward, the parties attempted to formalize their agreement. However, the parties cannot be said to have evidenced a clear and unequivocal intent to arbitrate (see, Wecker v. Quaderer, 237 A.D.2d 513).
In light of our determination, it is unnecessary to address the appellant's remaining contention.
Bracken, J.P., Copertino, Pizzuto and Altman, JJ., concur.