In re Universal Film Exchanges, Inc.

The respondent moves to vacate an ex parte order granted by Mr. Justice Larkin on July 21, 1936, directing the examination of one Peter Bondi. The respondent objects to the order for the examination, which examination was for the purpose of determining a proper party to an arbitration proceeding, upon the ground that such an examination is not permitted in an arbitration proceeding under sections 295 and 308 of the Civil Practice Act.

It appears that in 1923, after the decision in the case of Matter of Interocean Mercantile Corp. (204 App. Div. 284), an amendment to the Arbitration Law was…