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MATTER OF PRINCETON RAYON CORP. (GAYLEY MILL CORP.)

309 N.Y. 13 (1955)

In the Matter of the Arbitration between Princeton Rayon Corp., Appellant, and Gayley Mill Corporation, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1955

Attorney(s) appearing for the Case

Martin N. Whyman, Frederick E. M. Ballon and Henry Winestine for appellant.

Melvin Liebowitz, Aaron Rosen and Harold V. Kennedy for respondent.

CONWAY, Ch. J., FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur with DYE, J.; DESMOND, J., dissents and votes to affirm.

DYE, J.

In this proceeding to stay arbitration, a substantial issue of fact is presented as to the making of an agreement to arbitrate, which should not be determined on affidavits but after a trial in the usual manner (Civ. Prac. Act, § 1450; Matter of Siracusa v. 421-425 W. 54th St. Corp., 237 N.Y. 572). The intention to arbitrate must be clearly expressed...

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