Jiampietro v. Utica Alloys, Inc.

— Order unanimously affirmed without costs. Memorandum: The court correctly denied defendants’ motion to compel arbitration. The agreement to arbitrate is ambiguous and unenforceable because the "schedule” containing the list of sanctions available upon a breach of the underlying agreement is inconsistent with an agreement to arbitrate (see, Prote Contr. Co. v Board of Educ., 135 AD2d 523, 524; see also, Lovisa Constr. Co. v County of Suffolk, 108 AD2d 791; see generally, Matter of Waldron [Goddess], 61 NY2d 181, 183-184).

The court correctly denied defendants’ motion to renew because they did…