Majority
p. 842In the Matter of the Application of Larchester Construction Corporation, Appellant, for an Order Directing that an Arbitration Proceed between the Said Larchester Construction Corporation and David T. Williams, Respondent, and for incidental relief.
Order granting, on reargument, respondent’s motion to set aside the verdict and grant a new trial reversed on the law and the facts, motion denied and the verdict reinstated, with costs to appellant. There is no evidence that the old contract was abrogated or that a new one was made. It follows that the old contract subsists. Lazansky, P. J., Kapper, Carswell, Scudder and Davis, JJ., concur.