Gross v. Tagger

Judgment, Supreme Court, New York County, entered May 15, 1974, denying petitioner’s application to stay arbitration, unanimously reversed, on the law, the motion granted and ¡arbitration stayed. Appellant shall recover of respondent $40 costs and disbursements of this appeal. The dispute between the parties arises out of the alleged breach of a shareholder’s agreement containing an arbitration clause sufficiently broad to encompass this controversy. However, in an action previously commenced by petitioner, respondent counterclaimed for the same relief now sought from the arbitrators. Such…