General
In the Matter of the Arbitration between Alex Wolf et al., Copartners Doing Business under the Name of Alex and Leo Wolf, Respondents, and Michal Ferman, Appellant, and Diamond Trade Association of America, Inc., Respondent
23 A.D.2d 833·New York Supreme Court, Appellate Division·1965·NY
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Opinion
In the Matter of the Arbitration between Alex Wolf et al., Copartners Doing Business under the Name of Alex and Leo Wolf, Respondents, and Michal Ferman, Appellant, and Diamond Trade Association of America, Inc., Respondent.
[MAJORITY]
Order, entered January 12, 1965, directing arbitration, unanimously affirmed, without costs and without disbursements. In affirming, the court has concluded that whether the issue comes within the arbitration clause, is one for the arbitrator to determine. In short, the court is not determining that the dispute over the leasing of the premises is one which comes within the more restrictive arbitration clause. Appeal from order denying reargument dismissed, without costs and without disbursements. No appeal lies from such order. Concur — Breitel, J. P., Rabin, Valente, McNally and Stevens, JJ.