General

In the Matter of the Arbitration between Milton C. Blum, Inc., Respondent, and C. Itoh & Co. (America) Inc., Appellant

23 A.D.2d 543·New York Supreme Court, Appellate Division·1965·NY

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Opinion

In the Matter of the Arbitration between Milton C. Blum, Inc., Respondent, and C. Itoh & Co. (America) Inc., Appellant. [MAJORITY] Older entered April 9, 1964 directing that arbitration proceedings be permanently stayed, unanimously reversed on the law and on the facts, with $30 costs and disbursements to abide the event, and the matter remanded for a hearing on the issue of the authority of Martin Gross & Go., as broker, to bind the petitioner-respondent as its agent to agreement for arbitration contained in sales note. The affidavits submitted on the motion present a conflict as to the authority of the said agent to act on behalf of the petitioner-respondent. Concur — Botein, P. J., Valente, McNally, Eager and Staley, JJ.