MATTER OF KNICKERBOCKER AGENCY (HOLZ)


4 N.Y.2d 245 (1958)

In the Matter of the Arbitration between Knickerbocker Agency, Inc., et al., Appellants, and Leffert Holz, Superintendent of Insurance of the State of New York, as Liquidator of the Preferred Accident Insurance Company of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1958.


Attorney(s) appearing for the Case

Maxwell H. Goldstein for appellants.

Irvin Waldman and Alfred C. Bennett for respondent.

Judges FULD, FROESSEL, VAN VOORHIS and BURKE concur with Chief Judge CONWAY; Judge DESMOND dissents in an opinion in which Judge DYE concurs.


Chief Judge CONWAY.

The question here to be determined is whether petitioners, residents of this State and alleged debtors of a domestic insurance company in liquidation, may insist on having their dispute with the company determined by arbitration as provided for in a contract between the company and petitioners, or whether the Supreme Court is the exclusive forum for the resolution of the controversy.

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