Contracts · MBE-tested
In the Matter of the Application of Harry Clarren, Petitioner, Respondent, for an Order Directing that the Arbitration Provided for in the Certain Contract in Writing Entered into on or about February 1, 1938, between the Petitioner and Anna Pavitt Boudin, Appellant, Proceed Pursuant to the Provisions Thereof and Article 84 of the Civil Practice Act
263 A.D. 813·New York Supreme Court, Appellate Division·1941·NY
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Opinion
In the Matter of the Application of Harry Clarren, Petitioner, Respondent, for an Order Directing that the Arbitration Provided for in the Certain Contract in Writing Entered into on or about February 1, 1938, between the Petitioner and Anna Pavitt Boudin, Appellant, Proceed Pursuant to the Provisions Thereof and Article 84 of the Civil Practice Act.
[MAJORITY]
Order granting petitioner’s motion that arbitration proceed and for a stay affirmed, with ten dollars costs and disbursements to the respondent. No opinion. Present — Martin, P. J., O’Malley, Untermyer, Dore and Cohn, JJ.; Untermyer, J., dissents and votes to modify by directing that the issues of fact relating to the existence of the contract to arbitrate be tried in accordance with section 1450 of the Civil Practice Act.