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FRANK MADE SPORTSWEAR v. CARVIN CO.

17 Misc.2d 874 (1959)

Frank Made Sportswear, Inc., Respondent, v. Charles W. Carvin Co., Inc., Appellant.

Supreme Court, Appellate Term, First Department.

May 21, 1959.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges (Gabriel Kaslow and Alan E. Bandler of counsel), for appellant.

Sidney S. Levine for respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

While the court below decided correctly that there is an issue of fact with respect to the making of an agreement to arbitrate, it was error to postpone disposition of that issue until the trial of the main action. An agreement to arbitrate is not a defense to the action but only ground for staying it (American Reserve Ins. Co. v. China Ins. Co., 297 N.Y. 322). Since section 1450 of the Civil Practice...

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