Opinion
February 19, 1963
Order entered on September 13, 1962, directing a trial on petitioners-respondents' motion to stay arbitration proceedings, unanimously reversed on the law and the facts, with $20 costs and disbursements to respondent-appellant, and the motion denied. Petitioners' appearances before the arbitrators and participation in the proceedings bar them from questioning the existence of a contract to arbitrate, such participation being other than merely by way of objection to the arbitrator's jurisdiction (Civ. Prac. Act, § 1458; Matter of National Cash Register Co. [ Wilson], 8 N.Y.2d 377, 382-383; cf. Matter of De Laurentis [ Cinematografica], 9 N.Y.2d 503, 508-509).
Concur — Botein, P.J., Breitel, Valente, Steuer and Bastow, JJ.