297 N.Y. 519 | NY | 1947
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, THACHER and DYE, JJ.; FULD, J., dissents in following memorandum in which DESMOND, J., concurs.
A claim may be "so unconscionable or a defense so frivolous" as to justify the court in refusing to order the parties to proceed to arbitration (Matter of Wenger Co. v. Propper Silk HosieryMills,
If there is a possibility of such a construction, the court should not remove the controversy from the sphere of arbitration, *521 particularly when the applicable arbitration clause — "If any dispute shall arise * * * as to meaning, performance, non-performance or application of the provisions of this agreement" — is so broad.
In short, I think that there is something to arbitrate, and the order should be reversed.