MATTER OF PELTZER & FILS, S. A.


283 A.D. 1055 (1954)

In the Matter of the Arbitration between Peltzer & Fils, S. A., Appellant, and Ben H. Aronson & Son, Inc., Respondent

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

June 21, 1954.


Order unanimously reversed.

Respondent is directed to proceed to arbitration and stayed from proceeding with its counterclaim in the Municipal Court action. The Municipal Court action was brought on an October, 1952, contract between the parties, while the arbitration is sought on an April, 1953, contract. Furthermore, the arbitration proceeding was commenced before the court action was instituted. The contract dated April 28, 1953, containing an arbitration clause...

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