MATTER OF BURKIN (KATZ)


286 A.D. 740 (1955)

In the Matter of the Arbitration between Benjamin Burkin et al., Appellants, and Joseph Katz, Respondent

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

December 13, 1955.


Attorney(s) appearing for the Case

Abraham Kaplan for appellants.

Irving Levine of counsel (Ernest Swiedler with him on the brief; Irving Levine, attorney), for respondent.

COX and BERGAN, JJ., concur with BREITEL, J.; PECK, P. J., dissents and votes to reverse and grant the motion in an opinion in which BASTOW, J., concurs.


BREITEL, J.

In this proceeding, petitioners appeal from a denial of a stay of arbitration. The denial should be affirmed.

Dispute arises under stockholders' agreements governing two close corporations. The agreements contain broad arbitration clauses, relating to any arbitrable controversy that may arise among the sole stockholders by reason of the terms of the agreements or by reason of any other cause...

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