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MYERS v. LEIBEL

304 N.Y. 656 (1952)

In the Matter of the Arbitration between Lawrence Myers et al., Appellants, and Benjamin Leibel, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 15, 1952

Attorney(s) appearing for the Case

Theodore S. Jaffin and Herber Feiler for appellants.

Samuel Rubin for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and DYE, JJ. Dissent: FULD and FROESSEL, JJ.

Order affirmed, without costs; no opinion.

FULD and FROESSEL, JJ., dissent upon the ground that appellants are entitled to arbitration unconditionally; whenever Leibel brought dissolution proceedings, appellants would be entitled to a stay under the provisions of section 1451 of the Civil Practice Act. Not sitting...

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