12 A.D.2d 938 | N.Y. App. Div. | 1961
In a proceeding to stay an attempted submission by Heckler Electric Company, Inc., electric contractor, of controversies to architects for decision, the contractor appeals from an order of the Supreme Court, Nassau County, dated August 1, 1960, granting the motion. Order modified on the law and the facts by adding a provision to the effect that the stay is without prejudice to any action which the said contractor may be advised to commence to recover on the claims here sought to be submitted for decision or arbitration. As so modified, order affirmed, with costs to petitioner. Findings of fact implicit in the opinion or decision of the Special Term, insofar as such findings may be inconsistent herewith, are reversed, and new findings are made as indicated herein. The