Matter of County of Rockland (Primiano Constr., Co.)

In Matter of County of Rockland (Primiano Constr., Co.) 51 NY2d 1 [1980]), the Court of Appeals addressed the limited areas where the court, rather than the arbitrator, must make a preliminary decision before it makes a determination on a motion to stay or to compel arbitration, viz., whether the parties made a valid agreement to arbitrate, whether if such an agreement was made it has been complied with, and whether the claim sought to be arbitrated would be barred by limitation of time had it been asserted in a court of the State" . The sole issue in Rockland was whether there had been compliance with a condition precedent. The Court found that the claims asserted were not covered by the contractually imposed conditions precedent; therefore, it determined that the parties were required to arbitrate. In reviewing the concept of a preliminary requirement or condition precedent to arbitration, the Court noted that there were two types of contractual conditions, i.e., those which are true conditions precedent, and those which are "procedural stipulations" or "conditions in arbitration" which govern how the arbitration is to be carried out. The Court noted that an example of a "condition in arbitration" would be a limitation of time within which the demand for arbitration must be made. It indicated that the Court was to determine whether there has been compliance with any agreed on conditions precedent to arbitration, whereas the question of whether there has been compliance with conditions in arbitration "are for resolution by the arbitrator as incidental to the conduct of the arbitration proceeding" (id. at 8).