Lew v. Johnson

John II. Galloway, Jr., J.

Defendant Leif Johnson moves for an order staying proceedings under the first cause of action pending judgment by arbitration, or that said defendant be *868allowed to plead as an affirmative defense the failure of plaintiff, Isaih Lew, to comply with the arbitration provision of a contract, the alleged breach of which is the basis of said cause of action. The motion is stated to be brought pursuant to sections 1449 and 1450 of the Civil Practice Act. The court assumes that the moving party intended to proceed under related section 1451 of the Civil Practice Act which…