Opinion
December 19, 1941.
Present — Martin, P.J., O'Malley, Untermyer, Dore and Cohn, JJ.; Untermyer, J., dissents and votes to reverse and deny the motion without prejudice to renewal of the motion after trial of the arbitration proceedings in Matter of Clarren v. Boudin ( ante, p. 813) and without prejudice to an application for a stay.
Order granting defendant's motion to dismiss the complaint and the judgment entered thereon affirmed, with costs to the respondent. No opinion.