Farin v. Sercarz

The defendants have applied for an order staying the plaintiff from proceeding in this action, pending arbitration. Plaintiff is an infant. The suit is founded upon an alleged breach of a written contract of employment, whereby the plaintiff was apprenticed to the defendants to learn the diamond-cutting craft. The contract was executed by the infant and his father, as his guardian; the action is brought by his mother as guardian ad litem. The plaintiff concedes the agreement to arbitrate, but contends that by virtue of the provisions of section 1448 of the Civil Practice Act the defendants’…