In re the Arbitration between National Recreational Products, Inc. & Gans

Petitioner appeals from the judgment of the Supreme Court, New York County at Special Term, entered April 3, 1974, denying a stay of arbitration. The *619judgment is reversed, on the law, and the stay of arbitration is granted, without costs and without disbursements. The critical question in this proceeding is whether the guarantor of payment and performance of a contract of employment is bound by the provision for arbitration contained in such employment contract. Under New York law an agreement to arbitrate in a contract is separable from the “substantive” provisions of the contract in which…