Opinion
October 2, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ. [Order granted motion for stay of arbitration.]
Order unanimously reversed, with $20 costs and disbursements to appellants, defendant's motion denied, and the parties are directed to proceed to arbitration. By requesting and participating in an arbitration, the defendant-respondent waived his right to a trial by action. Settle order on notice.