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IN MATTER OF KATZ, BURKIN

3 A.D.2d 238 (1957)

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

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

March 12, 1957.

Attorney(s) appearing for the Case

Abraham Kaplan for appellants.

Irving Levine for respondent.

PECK, P. J., BREITEL, BOTEIN, RABIN and FRANK, JJ., concur.

Per Curiam.

The order appealed from grants an examination before trial in an arbitration proceeding. The opinion at Special Term points out that there have been differences in the decisions at Special Term with respect to the policy and propriety of allowing examinations before trial in arbitration proceedings. A clarification of the policy in the First Department is indicated.

Undoubtedly an arbitration proceeding is a special proceeding in which examinations...

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