Order affirmed, with ten dollars costs and disbursements, on the ground that in our judgment the arbitration provisions do not provide an exclusive remedy in accordance with the reasoning of Van Voorhis, J., at Special Term. [See 171 Misc. 683.] All concur. (The order denies a motion by defendant Alfonso Gioia to compel plaintiff to proceed to arbitration of his cause of action against said defendant.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.