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MTR. OF ADAM IND. (MILLER BROS. HAT CO.)

6 A.D.2d 515 (1958)

In the Matter of the Arbitration between Adam Consolidated Industries, Inc., Respondent, and Miller Bros. Hat Co., Inc., Appellant

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

December 2, 1958.

Attorney(s) appearing for the Case

Philip Mandel of counsel (Golden, Wienshienk, Rosenthal & Mandel, attorneys), for appellant.

Robert J. Ruben of counsel (Manning, Hollinger & Shea, attorneys), for respondent.

M. M. FRANK, VALENTE and McNALLY, JJ., concur in Per Curiam opinion; STEVENS, J., dissents in opinion in which RABIN, J. P., concurs.

Per Curiam.

The facts are sufficiently stated in the opinion of Mr. Justice STEVENS to obviate the need for repetition.

The problem submitted for resolution is twofold: first, whether the Supreme Court has the power to consolidate arbitration proceedings; second, if such power resides in the court, whether Special Term properly exercised judicial discretion in directing the consolidation of two pending arbitration proceedings.

With respect to...

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