Opinion
July 21, 1934.
Appeal from the Municipal Court of New York, Borough of Manhattan, Ninth District.
Lind, Shlivek, Marks Brin [ Saul S. Brin of counsel], for the appellant.
William Davis, for the respondent.
While a binding agreement to arbitrate would constitute a defense which could be pleaded and proved in this action, and a completed arbitration would be sufficient ground for the special appearance, the Municipal Court has no jurisdiction to compel arbitration either by mandatory order or by granting a stay of proceedings pending submission thereto. Proper procedure required a hearing on the question raised by the special appearance. (Mun. Ct. Code, § 78, subd. 8.)
Order reversed, with ten dollars costs, and motion denied.
All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.