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MTR. OF N. Y. C. R. R. CO. (ERIE R. R. CO.)

30 Misc.2d 362 (1961)

In the Matter of the Arbitration between New York Central Railroad Company, Petitioner, and Erie Railroad Company, Respondent.

Supreme Court, Special Term, New York County.

January 18, 1961

Attorney(s) appearing for the Case

Gerald E. Dwyer, Jerome H. Shapiro and William R. Johnston for petitioner. Davis Polk Wardwell Sunderland & Kiendl (J. Roger Carroll and Peter Fleming, Jr., of counsel), for respondent.

MATTHEW M. LEVY, J.

The New York Central Railroad Company seeks an order, pursuant to section 1450 of the Civil Practice Act, to compel the Erie Railroad Company to proceed to arbitration of a certain controversy in accordance with a clause allegedly providing therefor, contained in a trackage agreement made in 1897 between the petitioner's predecessor company (hereinafter called Central) and the respondent (hereinafter called Erie).

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