Opinion
December 11, 1972
In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Nassau County, dated July 11, 1972, which denied the application. Order affirmed, with $20 costs and disbursements (see Sommer v. Quarant Contr., 40 A.D.2d 95). Martuscello, Acting P.J., Latham and Christ, JJ., concur; Shapiro, J., dissents and votes to reverse and grant the application for the reasons stated in his opinion in Matter of Manitt Constr. Corp. [ J.S. Plumbing Heating Corp.] ( 50 Misc.2d 502), with which Benjamin, J., concurs.