In re the Arbitration between Schwartz & American Swim Pools

In a proceeding to stay arbitration, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated July 17, 1979, which denied the application. Judgment reversed, on the law, with $50 costs and disbursements, and application to stay arbitration granted. Cases involving public policy considerations which are "embodied in statute or decisional law” and which "prohibit, in an absolute sense,” the granting of the relief sought, should not proceed to arbitration for the resolution of the issues (Matter of Sprinzen [Nomberg], 46 NY2d 623, 631). Section 21-11.2 of the Nassau County…