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In re the Arbitration between Crosett & Mount Vernon Housing Authority

275 A.D.2d 1051 Court N.Y. App. Div. Decision date 1949-10-17 English

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p. 1051
In the Matter of the Arbitration between Alexander D. Crosett et al., Copartners Doing Business under the Name of Alexander D. Crosett & Associates, Respondents, and Mount Vernon Housing Authority, Appellant.

On motions of the nature under consideration, the court is not authorized to consider the merits of the controversy. The only pertinent questions are: (1) whether there is in fact a dispute; (2) whether there is a contract to arbitrate; and (3) whether there is a refusal to arbitrate. Those three elements are here present. Johnston, Acting P. J., Adel, Sneed, Wenzel and, MaeCrate, JJ., concur. [See 276 App. Div. 848 .]