DWYER v. BIDDLE

In an action to recover damages for malpractice, order denying motion of defendant for a stay of the action until arbitration be had between the parties, affirmed, with $10 costs and disbursements. There is no satisfactory showing of the existence of a reciprocally enforcible written contract of the parties containing the claimed arbitration clause. (Civ. Prac. Act, §§ 1449, 1451; Matter of Silvers, 14 N.Y.S.2d 820, 822; Matter of Tanenbaum Textile Co. v. Schlanger, 287 N.Y. 400.) Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.