WEINER v. MERCURY ARTISTS CORP.


284 A.D. 108 (1954)

Sarah Weiner, Doing Business as White Roe Lake, et al., Appellants, v. Mercury Artists Corporation, Defendant, and Joe Ricardel, Respondent

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

May 18, 1954.


Attorney(s) appearing for the Case

Howard M. Lester of counsel (Emile Z. Berman, attorney), for appellants.

Sidney W. Dreeben of counsel (Goldberg & Dreeben, attorneys), for respondent.

PECK, P. J., CALLAHAN, BREITEL and BERGAN, JJ., concur.


DORE, J.

Plaintiffs, representatives of a summer resort, sued defendants, who agreed to supply an orchestra and its leader, for damages for the orchestra's failure to appear in breach of the agreement to do so. On defendant's motion to stay all proceedings in the action pending an arbitration under an alleged agreement to arbitrate, Special Term granted the motion and stayed all proceedings until arbitration has been had. Plaintiffs appeal. The sole issue...

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