MATTER OF RAPID-AM. CORP.


8 A.D.2d 802 (1959)

In the Matter of the Arbitration between Rapid-American Corporation, Appellant, and Matthew B. J. Quinn, Respondent

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

June 23, 1959


Order denying stay of arbitration unanimously reversed on the facts and on the law, with $20 costs and disbursements to the appellant, and the motion is granted, with $10 costs.

As a matter of law, the contract of employment which contained the arbitration clause was a hiring at will. The relief sought by the respondent is damages flowing from his discharge. Since the dispute does not arise within the frame of the contract or any alleged breach thereof, but rather...

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