Sunhy Realty Corp. v. Cross Bay Lumber Co.

Abelow (Robert), Arbitrator.

Upon the consent of the parties and their attorneys, this action has been referred to me for arbitration. While the amount involved is small, the issue to be determined involves an interesting and somewhat novel question of law.

The plaintiff sues to recover a balance of $88.50 claimed to be due. The defendant pleads a general denial and payment, and interposes as a further defense that the plaintiff is barred and enjoined by an order of the United States District Court for the Eastern District of New York from proceeding with the enforcement and collection of its…