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Murian Frocks, Inc., v. Malamor Dress Corp.

Supreme Court, Appellate Term, First Department
Jul 21, 1934
152 Misc. 304 (N.Y. App. Term 1934)

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.


Summaries of

Murian Frocks, Inc., v. Malamor Dress Corp.

Supreme Court, Appellate Term, First Department
Jul 21, 1934
152 Misc. 304 (N.Y. App. Term 1934)
Case details for

Murian Frocks, Inc., v. Malamor Dress Corp.

Case Details

Full title:MURIAN FROCKS, INC., Appellant, v. MALAMOR DRESS CORPORATION, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 21, 1934

Citations

152 Misc. 304 (N.Y. App. Term 1934)
273 N.Y.S. 184