Leivenstein

Defendant in a breach of contract action appeals from a judgment rendered against her, which judgment was based upon an arbitration award in the sum of $54,620.

Plaintiffs in their complaint filed April 21, 1967, alleged breach of a 1965 contract for the construction of a motel.

The contract in question contained the following clause.

“16. Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof.”

Defendant demurred to the complaint on the grounds that it failed to allege that the dispute had been submitted to arbitration.

On May 18, 1967, the demurrer was sustained and the action ordered “abated pending arbitration.”

Subsequently, on August 2, 1967, plaintiffs submitted a Demand for Arbitration to the American Arbitration Association in accordance with the rules of that association.

Thereafter, when defendant served notice of deposition, plaintiffs sought and obtained a protective order under the provisions of section…