In re the Arbitration between Elliott & Centrala Handlu Zegranicznego

Valbnte, J. (dissenting).

On this appeal from an order denying petitioners’ application for a stay of arbitration, pursuant to article 75 of the CPLR, petitioners sought a trial of the issues as to whether a valid agreement was made between each of the petitioners and the respondent, whether such agreement was valid and enforcible and whether respondent, a foreign corporation, could proceed with the arbitration without first complying with the requirements of article 13 of the Business Corporation Law.

I agree with the majority of the court that the only claim that merits consideration is…