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MATTER OF FAY

281 A.D. 657 (1952)

In the Matter of the Arbitration between Charles Fay, as President of United Electrical, Radio & Machine Workers of America, Local 475, Respondent, and Asterloid Mfg. Co. Inc., Appellant

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

December 9, 1952.

There is no covenant in the agreement between the parties requiring appellant to continue manufacturing. It may not be compelled to arbitrate any claim arising out of its failure to do so. (Matter of Kosoff ["Jones"], 276 App. Div. 621, affd. 303 N.Y. 663.) As there is here a question of fact as to whether appellant has discontinued manufacturing, such issue should first be determined.

Order unanimously modified so as to refer...

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