Opinion
January 24, 1995
Appeal from the Supreme Court, New York County (Martin Stecher, J.).
A motion for an order directing the expedition of arbitration should be decided "on the basis of fairness and equity" (Matter of Salvano [Merrill Lynch, Pierce, Fenner Smith], 200 A.D.2d 431, 432, lv granted, 83 N.Y.2d 757). It was not an abuse of discretion to deny bifurcated and expedited consideration of the advance indemnification issue at bar, since it is anticipated that the full arbitration soon will be had, the parties have agreed to submit all of their disputes to arbitration, and the respondent employer has conceded on appeal that the arbitration panel would have the power to grant a bifurcated, expedited hearing of the advance indemnification issue if it sees fit.
Concur — Sullivan, J.P., Wallach, Kupferman and Ross, JJ.