Opinion
April 23, 1993
Appeal from the Supreme Court, New York County (Norman C. Ryp, J.).
The IAS Court did not abuse its discretion in denying consolidation of the arbitration proceedings on the ground that such would alter the framework in which the parties agreed to arbitrate their disputes. Although there is a "commonality of context" out of which the two sets of claims arose (County of Sullivan v Edward L. Nezelek, Inc., 42 N.Y.2d 123, 129), the arbitration clauses in the parties' two agreements differ substantially with respect to the procedure for selecting arbitrators and the manner in which the award is to be rendered. To grant consolidation would be to rewrite these provisions (see, Matter of Stewart Tenants Corp. [Diesel Constr. Co.], 16 A.D.2d 895, 896; Matter of Intercontinental Packaging Co. v China Natl. Cereals, Oils Foodstuffs Import Export Corp., 159 A.D.2d 190, 195).
Concur — Milonas, J.P., Rosenberger, Ross and Kassal, JJ.