Opinion
December 31, 1926.
Appeal from Supreme Court of New York County.
Max D. Steuer of counsel [ Maurice Deiches with him on the brief; Deiches, Goldwater Flynn, attorneys], for the appellant.
Robert P. Levis, for the respondent.
Present — CLARKE, P.J., DOWLING, MERRELL, McAVOY and MARTIN, JJ.; MERRELL and MARTIN, JJ., dissent.
The order should be reversed, with ten dollars costs and disbursements, and the motion to compel arbitration denied, with ten dollars costs, on the ground that the question as to whether or not the contract was fraudulently induced raises an issue of fact which must be tried before the right to arbitration under the contract may be enforced. If the contract was voided by fraud, the arbitration provision therein falls.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.