Order, entered October 26, 1965, denying a petition to stay arbitration of a counterclaim interposed in a pending arbitration by respondent Tomar Products, pursuant to article 75 of CPLR, unanimously affirmed, with $30 costs and disbursements to respondent-respondent.
Petitioner-appellant Aimcee misconceives the rule staying arbitration when issues of illegality are raised. Such issues are available for preliminary submission to the court (as distinguished from the...
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