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In re the Arbitration between Vogel & Simon
1961 N.Y. App. Div. LEXIS 11112
| N.Y. App. Div. | 1961
|
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Order entered on November 9, 1960, granting petitioners’ motion to compel arbitration unanimously reversed, on the law and on the facts, and the petition dismissed, without costs to either party. It is evident from the record, confirmed by present concession of counsel on the argument, that the matters in dispute between the parties are, at this stage of the proceedings, exclusively for the determination of the arbitrators. The parties, although purporting to be ready to proceed .to arbitration, have been insistent upon obtaining review from the court, in advance of arbitration, of the area in which the arbitrators are to exercise their, jurisdiction. This *726ig improper (cf. Matter of Transpacific Transp. Corp. [Sirena Shipping Co.], 9 A D 2d 316, 320, affd. 8 N Y 2d 1048). Concur -—Breitel, J. P., Rabin, Valente, McNally and Bastow, JJ.

Case Details

Case Name: In re the Arbitration between Vogel & Simon
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 4, 1961
Citation: 1961 N.Y. App. Div. LEXIS 11112
Court Abbreviation: N.Y. App. Div.
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