In re the Arbitration between 2166 Bronx Park East, Inc. & Local 32E Building Service Employees

Motions Nos. 37 and 38 of December 16, 1964 are consolidated. Petitioner applies to compel arbitration (CPLR 7-503, subd. [a]). Respondent union cross-moves to dismiss the petition on the ground “ that the court has no jurisdiction of the person of the Respondent for the reason of failure to comply with Section 13 of the General Associations Law.” Petitioner concedes that the proceeding should have been brought against the president or treasurer of respondent, an unincorporated association, and not in name against the association; but urges that this is merely an irregularity which may be…