Chris O'Connell, Inc. v. Beacon Looms, Inc.

Order and judg*249ment (one paper), Supreme Court, New York County (Stanley Parness, J.), entered on or about June 14, 1996, which granted petitioner’s application to compel "mediation” before retired Judge Lester Evans, is unanimously modified, on the law, to the extent of directing the parties to select a new arbitrator, and if an agreement cannot be reached, the IAS Court shall appoint an arbitrator, and otherwise affirmed, without costs.

Although the parties’ agreement employs the word "mediate” rather than "arbitrate”, it does provide that "[t]he proceedings shall be conducted as the mediator…