Opinion
November 17, 1987
Appeal from the Supreme Court, New York County (Kenneth L. Shorter, J.).
Although plaintiff's motion to stay arbitration was timely in light of defendant's failure to include in its demand for arbitration a notice that the party served must move for a stay of arbitration within 20 days, as required by CPLR 7503 (c), such motion must be denied on its merits.
The parties having agreed that "[a]ll claims or disputes between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof shall be decided by arbitration", the issue of the contract's "termination" was clearly within the scope of the arbitration clause, and the questions of whether it covers the present dispute, as well as the merits of the dispute, are issues for the arbitrator to decide. (Brown v. VR Adv., 112 A.D.2d 856, 861, affd 67 N.Y.2d 772. )
Concur — Kupferman, J.P., Carro, Kassal and Rosenberger, JJ.