FLASH v. GOLDMAN


278 A.D. 829 (1951)

Sam Flash, Appellant, v. Harry F. Goldman, Defendant, and George A. Lessall, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 7, 1951.


Order affirmed, with $10 costs and disbursements.

The defendant Goldman has been granted a stay of the action pending arbitration. (See Matter of Goldman [Flash], post, p. 830, decided herewith.) While respondent is not a party to the agreement which contains the provision for arbitration and consequently is not entitled to a stay as a matter of right (cf. Civ. Prac. Act, § 1451), the order was properly granted in the exercise of the court's discretion...

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