Gerrish v. Panama Canal Co.

Orders granting defendant’s motions to stay two actions and naming a substitute arbitrator reversed on the law and the motions denied, with costs to plaintiff-appellant on this consolidated appeal. The rule with regard to the power of the court to name a substitute arbitrator pursuant to section 1452 of the Civil Practice Act, and the occasion for its exercise, is clear. (Matter of Marchant v. Mead-Morrison Mfg. Co., 252 N. Y. 284, 294 et seq.; cf. Matter of Golenbock [Komoroff], 2 A D 2d 742.) Applying the rule to this ease, it is evident that the appointment of Mr. Levine — lawyer,…