MATTER OF ACADIA CO., INC.


8 A.D.2d 807 (1959)

In the Matter of the Arbitration between Acadia Company, Inc., Appellant, and Irving Edlitz, Respondent

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

June 25, 1959


Order affirmed, with $20 costs and disbursements to respondent.

RABIN, J. (dissenting).

I dissent and would grant petitioner's motion to stay the action instituted by respondent in the Municipal Court. The original contract of employment was in writing and contained an arbitration clause. While the contract does contain a provision that it may not be changed except by mutual consent in writing, nevertheless, by orally extending the term of employment...

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