Opinion
Argued January 13, 1964
Decided February 20, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ROBERT V. SANTANGELO, J.
Francis Finkelhor for appellant.
Joseph S. Hellman and Evalyn Lipton for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents and votes to reverse and to deny the motion for a stay pending arbitration, on the memorandum of the dissenting Justices at the Appellate Division and on the memorandum of the Civil Court of the City of New York.