MTR. OF LIST IND. CORP. (GELBER)


11 Misc.2d 735 (1958)

In the Matter of the Arbitration between List Industries Corporation et al., Petitioners, and Herman Gelber et al., Respondents.

Supreme Court, New York County.

May 8, 1958.


Attorney(s) appearing for the Case

O'Brien, Driscoll & Rafferty for List Industries Corp., petitioner.

Archie Weltman for Marcus Loew Booking Agency, petitioner.

Davis, Polk, Wardwell, Sunderland & Kiendl for City Entertainment Corp., petitioner.

Schwartz & Frohlich for Fabian Theatres Corp., petitioner.

Royall, Koegel, Harris & Caskey for Roxy Theatre, Inc., petitioner.

Jerome B. Golden for American Broadcasting-Paramount Theatres, Inc., petitioner.

George Moskowitz for Radio City Music Hall Corp., petitioner.

Cooper, Ostrin & De Varco for Herman Gelber and others, respondents.


THOMAS A. AURELIO, J.

The respondents as trustees of the pension and welfare funds of the named union have brought action against the petitioners employers to recover from them the contributions required to be made pursuant to the basic agreement and the trust agreement. Petitioners now move to stay that action and to compel arbitration, and the application is based on the contention that the controversy arising...

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