In re the Arbitration between International Ass'n of Machinists & Buffalo Eclipse Corp.

Order entered December 18, 1959, and order entered June 21, 1960, insofar as appealed from, unanimously reversed on the law and facts, with $25 costs and disbursements and motion granted, with $10 costs. Memorandum: Special 'Term should not have undertaken to decide whether the permanent termination of employment on the closing of the plant was a “lay-off” within the meaning of the contract. That is for the arbitrators to decide (Matter of Potoker [Brooklyn Eagle], 2 R Y 2d 953; Matter of Lipman [Haeuser Shellac Co.], 289 N. Y. 76). The duty to arbitrate a dispute arising during the term of…