In re the Arbitration between Delma Engineering Corp. & K & L Construction Co.

Appeal from an order denying appellant’s application (1) to appoint a substitute arbitrator, (2) to direct that arbitration proceed before said arbitrator, and (3) to stay an action at law brought by respondent. The contract between the parties provided for arbitration of controversies in accordance with the rules of the New York Building Congress, Inc. A controversy having arisen, application was made to the Building Congress for arbitration, which was refused because (a) it had discontinued arbitration procedures some time prior thereto, and (b) neither disputant was a member of the…