Laur & Mack Contracting v. DiCienzo

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff’s motion and cross motion for an order compelling arbitration and properly granted defendant’s motion to stay arbitration. Plaintiff was hired as the general contractor for the construction of a hotel in Niagara Falls, New York, and commenced this action to recover the final payment allegedly due on that contract. Defendant, the owner of the project, counterclaimed, alleging that plaintiff did not perform certain work in accordance with the contract and specifications. By commencing this action,…