In Am. Architectural, Inc. v. Marino, 109 AD3d 773, 971 N.Y.S.2d 314 (2nd Dept 2013), a construction subcontract contained a dispute resolution procedure that designated the contractor as the sole arbiter of all disputes thereunder (109 AD3d at 774).

The court narrowly held that a dispute resolution procedure would be void to the extent that it impedes a party's right to sue under the Lien Law and the State Finance Law (id. at 775).