In re the Arbitration between Katz & Burkin

The order appealed from grants an examination before trial in an arbitration proceeding. The opinion at Special Term points out. that there have been differences in the decisions at Special Term with respect to the policy and propriety of allowing examinations before trial in arbitration proceedings. A clarification of the policy in the First Department is indicated.

Undoubtedly an arbitration proceeding is a special proceeding in which examinations before trial are authorized (Civ. Prac. Act, §§ 308, 1459). The questions remain, however, as a matter of discretion, whether and under what…