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Appellate Division of the Supreme Court of New York, 1926

In re Cheney Bros.

In re Cheney Bros.
Appellate Division of the Supreme Court of New York · Decided December 31, 1926
218 A.D. 652; 219 N.Y.S. 96; 1926 N.Y. App. Div. LEXIS 5994

Counsel

Max D. Steuer of counsel [Maurice Deiches with him on the brief; Deiches, Goldwater & Flynn, attorneys], for the appellant., Robert P. Levis, for the respondent.

In re Cheney Bros.

Opinion of the Court

Per Curiam.

The order should be reversed, with ten dollars costs and disbursements, and the motion to compel arbitration *653denied, with ten dollars costs, on the ground that the question as to whether or not the contract was fraudulently induced raises an issue of fact which must be tried before the right to arbitration under the contract may be enforced. If the contract was voided by fraud, the arbitration provision therein falls.

Present — Clarke, P. J., Dowling, Merrell, McAvoy and Martin, JJ.; Merrell and Martin, JJ., dissent.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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