
    Preiss/Breismeister Architects, Respondent, v Westin Hotel Company-Plaza Hotel Division, Also Known as The Plaza, Formerly Known as Western International Hotels-Plaza Hotel Division, Appellant.
    Decided May 20, 1982
    
      APPEARANCES OF COUNSEL
    
      Garry Hoppe for appellant.
    
      Barry B. LePatner for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. We agree that the motion to compel arbitration was properly granted. There is neither waiver nor an election of remedies where, as here, plaintiff moves in court for protective relief in order to preserve the status quo while at the same time exercising its right under the contract to demand arbitration.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  