MATTER OF McGOVERN


18 A.D.2d 897 (1963)

In the Matter of the Arbitration between Edward McGovern et al., Respondents, and Janel's Music Corp., Appellant

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

February 19, 1963


Order entered on September 13, 1962, directing a trial on petitioners-respondents' motion to stay arbitration proceedings, unanimously reversed on the law and the facts, with $20 costs and disbursements to respondent-appellant, and the motion denied.

Petitioners' appearances before the arbitrators and participation in the proceedings bar them from questioning the existence of a contract to arbitrate, such participation being other than merely by way of objection to...

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