Appellate Division of the Supreme Court of New York, 1962

Glatstian v. Peller

Glatstian v. Peller
Appellate Division of the Supreme Court of New York · Decided April 17, 1962
16 A.D.2d 631; 226 N.Y.S.2d 808; 1962 N.Y. App. Div. LEXIS 10260
Glatstian v. Peller

Opinion of the Court

Order entered on February 15, 1962 denying the motion to stay arbitration and granting the motion to stay the action, unanimously affirmed, with $20 costs and disbursements to respondent. The record reveals that the petitioner participated in the arbitration process to a degree sufficient to bar his present attempt to stay the proceeding. (See Civ. Prac. Act, § 1458; Matter of Iino Shipbuilding Eng. *632Co. [Hellenic Lines], 6 A D 2d 159.) We conclude that Item No. 1 of the demand for arbitration contemplates a determination of the status of Freída Peller as a stockholder. Inasmuch as that is essentially the issue to be tried in the Supreme court action, such action should be stayed. Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ. [33 Misc 2d —.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.