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LEW v. JOHNSON

31 Misc.2d 867 (1961)

Isaih Lew et al., Plaintiffs, v. Leif Johnson et al., Defendants.

County Court, Westchester County.

August 25, 1961

Attorney(s) appearing for the Case

Jesse K. Robinson for plaintiffs. Clark, Gagliardi, Gallagher & Smyth for Peter J. Fagan, defendant. White, King, Edwards & O'Connor for Leif Johnson, defendant.

JOHN H. GALLOWAY, JR., J.

Defendant Leif Johnson moves for an order staying proceedings under the first cause of action pending judgment by arbitration, or that said defendant be allowed to plead as an affirmative defense the failure of plaintiff, Isaih Lew, to comply with the arbitration provision of a contract, the alleged breach of which is the basis of said cause of action. The motion is stated to be brought...

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