Opinion
Argued May 22, 1952
Decided June 6, 1952
Appeal from the Supreme Court, Appellate Division, Second Department, COLDEN, J.
Arthur G. Warner and James E. Birdsall for appellant.
John P. McGrath for respondents.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DYE and FROESSEL, JJ. DESMOND and FULD, JJ., dissent and vote to reverse the order appealed from and to dismiss the petition, with costs, on the ground that sufficient appears in the papers to show an issue of fact, triable by the arbitrators, as to the existence of a valid release. Not sitting: CONWAY, J.