MATTER OF COHEN


17 A.D.2d 279 (1962)

In the Matter of the Arbitration between Gertrude S. Cohen et al., Appellants, and Leo Cohen, Respondent

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

November 13, 1962.


Attorney(s) appearing for the Case

Ira M. Millstein of counsel (Max Cutler and Marshall C. Berger with him on the brief; Weil, Gotshal & Manges and Cutler & Cutler, attorneys), for appellants.

Harry J. Halperin of counsel (Samuel L. Scholer with him on the brief; Halperin Shivitz Scholer & Steingut, attorneys), for respondent.

BOTEIN, P. J., BREITEL, VALENTE and McNALLY, JJ., concur.


EAGER, J.

The petitioners appeal from an order denying their motion, purported to be made pursuant to section 1458-a of the Civil Practice Act, to stay "so much of the arbitration of controversies between the parties" as relates to claims of respondent allegedly barred by the Statute of Limitations.

The pending arbitration stems from a written agreement for submission to arbitration. The agreement, which...

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