In re the Arbitration between Florida Union Free School District & Eastern Electrical Contracting Corp.

In a proceeding to stay arbitration, (1) petitioner appeals from a judgment of the Supreme Court, Orange County (O’Gorman, J.), dated July 26,1978, which denied the application, and (2) the parties cross-appeal from an order of the same court, dated November 22,1978, which, upon reargument, modified its prior judgment so as to stay the arbitration of Eastern Electrical Contracting Corp.’s claim of “delay damages” as an affirmative claim against petitioner, “without prejudice to the consideration of such claim as an offset or defense to the claims asserted by the other parties in this…