ZAUBLER v. CASTRO


23 A.D.2d 877 (1965)

Leland S. Zaubler, Respondent, v. Phyllis Castro et al., as Executrices of Charles A. Castro, Deceased, Appellants

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

May 10, 1965


Order affirmed, with $10 costs and disbursements.

After initiation of arbitration proceedings in accordance with the contract, the plaintiff commenced this action solely to prevent transfer of title to the real property pending the final determination on the merits by arbitration. There was no intention on the part of the plaintiff, however, to pursue the litigation, or to abandon his right to arbitrate the dispute. He has committed himself to discontinuance of the...

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