In re the Arbitration between Transamerica Insurance & Yonkers Contracting Co.

Motion by petitioner— the successor to a surety on a performance bond, obtained by a subcontractor— to stay the arbitration demanded by respondent contractor between said contractor and petitioner’s predecessor. The application does not relate to or affect respondent’s demand for arbitration as against the subcontractor. The performance bond, signed by petitioner’s predecessor, incorporated by reference the agreement between respondent and the subcontractor, which contained an arbitration clause concerning “ [a]ny controversy or claim arising out of, or relating to this sub-contract, or the…