Appellate Division of the Supreme Court of New York, 1939

Gioia v. Gioia

Gioia v. Gioia
Appellate Division of the Supreme Court of New York · Decided May 19, 1939
257 A.D. 920; 12 N.Y.S.2d 733; 1939 N.Y. App. Div. LEXIS 8402
Gioia v. Gioia

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements, on the ground that in our judgment the arbitration provisions do not provide an exclusive remedy in accordance with the reasoning of Van Voorhis, J., at Special Term. [See 171 Misc. 683.] All concur. (The order denies a motion by defendant Alfonso Gioia to compel plaintiff to proceed to arbitration of his cause of action against said defendant.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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