MEINHARD & CO. v. ALLEGRO KNITTING MILLS


28 Misc.2d 590 (1960)

Meinhard & Company, Inc., Respondent, v. Allegro Knitting Mills, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

December 8, 1960


Attorney(s) appearing for the Case

Rothstein & Korzenik (Sidney S. Korzenik of counsel), for appellant. Otterbourg, Steindler, Houston & Rosen (Frederick P. Houston and Arthur A. Greenfield of counsel), for respondent.

Concur — HECHT, J. P., STEUER and TILZER, JJ.


Per Curiam.

The contract between plaintiff's assignor and the defendant concededly provides for arbitration. There is a sharp dispute between the parties concerning delivery of the merchandise for which plaintiff makes claim. Thus there is clearly an issue arising under the contract which should be resolved by arbitration.

Consequently, it was error for the court below to grant plaintiff's application for summary judgment, since consideration of the...

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