In re the Arbitration between Gotham Hotel Realty Co. & Ross

This is a motion to strike the answer in a declaratory judgment proceeding brought by a limited partnership on the ground that respondent Ross, a limited *86partner, has answered in a representative capacity purportedly contrary to the law as recently laid down in Millard v. Newmark & Co. (24 A D 2d 333), and for vacatur of the order dated July 1, 1965 denying the partnership’s motion to stay the arbitration demanded by Boss and granting his cross motion to stay its declaratory judgment proceeding. This motion actually is one for reconsideration on the basis of the claimed applicability of the…