In re the Arbitration between Katz & Burkin

Benjamin Burkin, Leonard H. Burkin, 370 Fulton Ave. Corp. and Fulton-Washington Corp. (asserting that by contracts with Joseph Katz arbitration is provided for when controversies occur) served written notices upon Katz of the designation of their chosen arbitrator. The notices — which were served personally upon Katz on September 14, 1955 —• provided, in accordance with subdivision 2 of section 1458 of the Civil Practice Act, that ‘1 unless within ten days of the date of service of [these notices] of intention to conduct an arbitration, you serve a notice of motion to stay the arbitration…