In re the Arbitration between Phillips-Van Heusen Inc. & Joseph & Feiss Co.

— Judgment, Supreme Court, New York County, entered June 11, 1975, reversed, on the law, the judgment and underlying order vacated, the decision of the motion to stay, and the cross motion to compel arbitration held in abeyance, and the matter remanded for a hearing pursuant to CPLR 7503 (subds [a], [b]), with $40 costs and disbursements of this appeal to abide the event. There appears to be no doubt that petitioner-appellant Joseph & Feiss Co. had a valid agreement to arbitrate differences thereunder with the other contracting party, Textured Fabs, Inc. C. Itoh & Co. has sought arbitration…