Opinion
December 4, 1951.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
The writing executed by the parties is by its terms an unqualified agreement to arbitrate the existing dispute in accordance with the Commercial Arbitration Rules of the American Arbitration Association. That agreement is in no way limited or restricted by the provision in which the arbitrator is named. Agreement upon an arbitrator was a step in furtherance of the basic and underlying agreement to arbitrate. Consequently the disqualification of the named arbitrator relegated the parties to the selection of another arbitrator in accordance with the rules under which they had agreed to arbitrate. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion for an order staying the action now pending in the City Court of the City of New York between the parties hereto until the completion of arbitration of the differences between them under the rules of the American Arbitration Association granted.