In re the Arbitration between City of Elmira & Larry Walter Inc.

Appeals from an order of the Supreme Court at Special Term, entered April 22, 1977 in Chemung County, which denied petitioner’s motion to stay arbitration as to the issue of nonpayment, but granted the motions as to the other issues contained in respondent’s demand for arbitration. On October 8, 1975 the parties entered into a contract for the construction of a parking garage. Interim payments were to be made to the contractor based on the percentage of work completed. The contractor was required to submit monthly applications for each partial payment to the engineering firm supervising…