MATTER OF NAGER ELEC. CO., INC.


29 A.D.2d 939 (1968)

In the Matter of the Arbitration between Nager Electric Co., Inc., Appellant, and Weisman Construction Corp., Respondent

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

April 25, 1968


Order entered November 7, 1966 unanimously modified, on the law, to the extent of granting petitioner-appellant's motion staying arbitration as to item "f" of the demand. As so modified, the order is otherwise affirmed, without costs or disbursements.

While the court will not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute (CPLR 7501), it does not follow that because the case is in...

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