Opinion
Argued January 6, 1970
Decided January 22, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING H. SAYPOL, J.
Benjamin Asarch for appellant.
Peter A. Jaffe and Benjamin Jaffe for respondents.
Appeal dismissed, without costs, upon the ground that the order, entered in the action itself, staying such action pending arbitration, does not finally determine the action within the meaning of the Constitution (see American Reserve Ins. Co. v. China Ins. Co., 298 N.Y. 915; Cohen and Karger, Powers of the New York Court of Appeals, p. 129, n. 11; cf. Merrill Lynch, Pierce, Fenner Smith v. Griesenbeck, 21 N.Y.2d 688).