Opinion
February 16, 1971
In a proceeding pursuant to article 75 of the CPLR inter alia to stay arbitration sought by appellants, the appeal is from an order of the Supreme Court, Westchester County, entered June 1, 1970, which directed that any further proceedings with respect to the arbitration be conducted in the State of Connecticut. Order reversed, on the law and the facts, without costs, and petition dismissed on the merits. The automobile insurance contract entered into by petitioner and appellant Betty Spain provides that any arbitration had thereunder shall be in accordance with the rules of the American Arbitration Association. The rules of the Association provide that, if the parties to an arbitration do not agree on the locale of the proceeding, the Administrator of the Association shall determine the locale and that such determination shall be final. The parties could not agree on the locale and the Administrator determined that the arbitration proceed in the State of New York. Under the circumstances, it must be deemed that the contract fixed the place of arbitration in New York ( Matter of Bradford Woolen Corp. [ Freedman], 189 Misc. 242; American British T.V. Movies v. KOPR-TV, Copper Broadcasting Co., 144 N.Y.S.2d 548) . Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.