Opinion
June 12, 1951.
Present — Peck, P.J., Dore, Cohn, Van Voorhis and Heffernan, JJ.; Cohn and Van Voorhis, JJ., dissent on dissenting opinion of Van Voorhis, J., in Silberstein v. Hirshleifer ( ante, p. 354, decided herewith). Settle order on notice.
In view of the reversal of the order granting defendant's motion for summary judgment and the judgment entered thereon ( Silberstein v. Hirshleifer, ante, p. 354, decided herewith), the order dated January 31, 1951, vacating a previous order of December 5, 1950, staying arbitration between the parties and directing a preliminary trial of the issues is reversed, with $20 costs and disbursements to petitioner-appellant, and the order of December 5, 1950, reinstated and arbitration stayed pending trial.