Opinion
Argued August 29, 1977
Decided October 4, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FREDERIC E. HAMMER, J.
Alfred J. Swan for appellant.
Jerrold Morgulas for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The contract negotiated by the parties provided specifically for arbitration of any dispute arising in connection with the delay claim here asserted. Although the parties subsequently entered into a settlement agreement, its effect upon the delay claim is in dispute. Since a valid provision to arbitrate exists, the issue of whether the delay claim was released by the settlement agreement is for the arbitrator to determine. (Matter of Riccardi [Modern Silver Linen Supply Co.], 45 A.D.2d 191, affd 36 N.Y.2d 945.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.