In Re the Arbitration Between Uraga Dock Co. & Mediterranean & Oriental Steamship Corp.

Order affirmed, with costs; no opinion.

Concur: Chief Judge Conway and Judges Desmond, Fuld, Froessel, Van Voorhis and Burke. Judge Dye dissents and votes to reverse upon the ground that the contract never became effective because of the failure to make the initial payment upon the terms and within the time provided. Proceedings to compel arbitration presuppose the existence of a valid and enforcible contract (Matter of Kramer & Uchitelle, 288 N. Y. 467).