Appellate Division of the Supreme Court of the State of New York October 24, 1966 (Anthony Muratore Contracting Co. v. Frouge Construction Co.)

— In an action by a subcontractor to recover a balance allegedly due under its executed written agreement with a general contractor, defendant appeals from an order of the Supreme Court, Kings County, entered May 12, 1966, which denied its motion to (1) direct that plaintiff’s claims proceed to arbitration pursuant to the arbitration clause contained in said agreement and (2) stay the action.