Majority
p. 845In the Matter of the Application of Robert J. F. Schwartzenbach, Respondent, for an Order Directing that Arbitration Proceed in the Manner Provided for in Contracts with Alexander & Co., Inc., Appellant.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the authority of Matter of Palmer v. Pierce, Inc. ( 195 App. Div. 523 ) and Matter of Gresham & Co., Ltd. (202 id. 211), and the matter remitted to Special Term for trial of the issue as to whether or not a contract of arbitration was entered into between the parties. Present — Clarke, P. J., Dowling, Smith, Page and Merrell, JJ.