In Re the Arbitration Between International Association of MacHinists, District No. 15, Local No. 402, & Cutler-Hammer, Inc.

Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Thacher, and Dye, JJ.; Ftjld, J., dissents in following memorandum in which Desmond, J., concurs.

A claim may be“ so unconscionable or a defense so frivolous ’ ’ as to justify the court in refusing to order the parties to proceed to arbitration (Matter of Wenger & Co. v. Propper Silk Hosiery Mills, 239 N. Y. 199, 202), but I do not so regard the claim here asserted. I have difficulty in concluding, as respondent urges, that reasonable men cannot differ as to the meaning of the provision in question. While I see…