Opinion
November, 1931.
The decision of this court handed down on November 13, 1931, is hereby amended to read as follows: On argument, order directing arbitration to proceed modified so as to permit appellant to file a further affidavit as to any claimed issues, and so as to direct a trial of the preliminary issues, if any, at Special Term, and as so modified affirmed, without costs; the determination of the motion to compel arbitration to be held in abeyance until the determination of such issues. Lazansky, P.J., Young, Kapper, Hagarty and Tompkins, JJ., concur.
See ante, p. 776. — [REP.