Only an arbitration and award would warrant such a dismissal" (BR Ambulance Serv. v Nationwide Nassau Ambulance, 150 A.D.2d 745, 746; see generally Lischinskaya v Carnival Corp., 56 A.D.3d 116, 122 [rejecting contention that the jurisdiction of the court can be divested by a term of the contract between the parties]). There is no provision of the CPLR that requires a court to direct arbitration based upon the existence of what the court believes to be an applicable arbitration provision covering the subject matter of the action, absent a request from one of the parties to arbitrate (see CPLR art 75; Sabr Chems. Group, LLC v Northeast Chems., Inc., 192 A.D.3d 647, 648; Nachman v Jenelo Corp., 25 A.D.3d 593; BR Ambulance Serv. v Nationwide Nassau Ambulance, 150 A.D.2d at 746). Even where a court properly directs the parties to arbitrate, the proper procedure is to stay the action pending arbitration instead of dismissing the action (see Allied Bldg. Inspectors Intl. Union of Operating Engrs., Local Union No. 211, AFL-CIO v Office of Labor Relations of City of N.Y., 45 N.Y.2d 735, 738; Nachman v Jenelo Corp., 25 A.D.3d at 593; BR Ambulance Serv. v Nationwide Nassau Ambulance, 150 A.D.2d at 746).
Based on law of the case, with respect to paragraph 3 of the proposed second amended complaint, this court's Order dated February 19, 2020 cannot be the basis of venue in light of the determination of the Appellate Division, First Department, in Sabr Chemicals Group, LLC v Northeast Chemicals, Inc., 192 A.D.3d 647 (1st Dept 2021) .