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MARCUS v. MEYERSON

5 A.D.2d 818 (1958)

Robert I. Marcus, Suing on Behalf of the Defendant Corporations, Appellant, v. Harry Meyerson, Respondent, et al., Defendants Robert I. Marcus, Appellant, v. Harry Meyerson, Respondent

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

February 18, 1958

Orders granting defendant's motions to stay two actions and naming a substitute arbitrator reversed on the law and the motions denied, with costs to plaintiff-appellant on this consolidated appeal.

The rule with regard to the power of the court to name a substitute arbitrator pursuant to section 1452 of the Civil Practice Act, and the occasion for its exercise, is clear. (Matter of Marchant v. Mead-Morrison Mfg. Co., 252 N.Y. 284, 294 et seq.; cf.

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