KATICH v. SMITH


35 A.D.2d 930 (1970)

Stephen S. Katich, Respondent, v. Simeon B. D. Smith et al., Appellants

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

December 10, 1970


Appellants shall recover of respondent $30 costs and disbursements of this appeal.

The complaint basically involves a wrongful termination of employment, calling into play the arbitration clause, agreed to by the plaintiff. Accordingly, the defendants may not be deprived of their right to arbitrate because the plaintiff, unilaterally, chooses to insert in his complaint allegedly tortious acts which are acts of a different legal nature dehors the employment agreement...

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