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MERRILL LYNCH, PIERCE, FENNER & SMITH INC. v. GRIESENBECK

21 N.Y.2d 688 (1967)

Merrill Lynch, Pierce, Fenner & Smith Incorporated, Appellant, v. Lou Griesenbeck, Respondent.

Court of Appeals of the State of New York.

Decided December 29, 1967.

Attorney(s) appearing for the Case

Walter G. McNeill, Howard T. Sprow and James B. May for appellant.

Abraham Kaufman and Pieter J. Kooiman for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE and BERGAN concur in memorandum; Judge KEATING dissents and votes to reverse in an opinion in which Judges SCILEPPI and BREITEL concur.

MEMORANDUM.

The order should be affirmed, with costs, on the opinion at the Appellate Division. We would only add that an order, such as the one before us, which directs arbitration is a final order in a special proceeding and appealable as such to this court. (See Matter of Wilaka Constr. Co. [New York City Housing Auth.], 17 N.Y.2d 195, 204.) The mere fact that this order was made...

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