Appellate Division of the Supreme Court of New York, 1946

In re the Arbitration between Richman v. Wengraf

In re the Arbitration between Richman v. Wengraf
Appellate Division of the Supreme Court of New York · Decided April 29, 1946
270 A.D. 912; 61 N.Y.S.2d 630; 1946 N.Y. App. Div. LEXIS 4606
In re the Arbitration between Richman v. Wengraf

Opinion of the Court

Proceeding to compel arbitration of a certain agreement dated May 15, 1945, for the formation of a New Hampshire corporation and the operation by that corporation of a children’s camp. Orders entered January 4, 1946, and January 31, 1946, denying appellants’ application, insofar as appealed from, affirmed, with $50 costs and disbursements. No opinion. Lewis, P. J., Johnston and Aldrich, JJ., concur; Adel and Nolan, JJ., dissent and vote to reverse the orders and to grant the motion for an order directing arbitration, with the following memorandum: The arbitration clause covers any dispute or disagreement with reference to the interpretation of the agreement or the execution thereof. The word “ execution ” obviously means performance. If there is doubt as to this, the question is one of interpretation.

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