In re the Arbitration between International Ass'n of Machinists & Buffalo Eclipse Corp.

Order entered December 18, 1959, and order entered June 21, 1960, insofar as appealed from, unanimously reversed on the law and facts, with $25 costs and disbursements and motion granted, with $10 costs. Memorandum: Special 'Term should not have undertaken to decide whether the permanent termination of employment on the closing of the plant was a “lay-off” within the meaning of the contract. That is for the arbitrators to decide (Matter of Potoker [Brooklyn Eagle], 2 R Y 2d 953; Matter of Lipman [Haeuser Shellac Co.], 289 N. Y. 76 ). The duty to arbitrate a dispute arising during the term of the agreement survives the expiration thereof. (Matter of Lane [Endicott Johnson Corp.], 274 App. Div. 833 , affd. 299 N. Y. 725 .) (Appeal from order of Erie Special Term denying motion by Clifford, individually and as president of Lodge 2116, to compel respondent to arbitrate certain disputes; also appeal from part of order of Erie Special Term granting leave to petitioner to renew the motion but again denying arbitration.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.