Majority
p. 748Larry Kushlin, Appellant, v. David J. Bialer et al., Doing Business as Styleart Engraving Company, Respondents. Argued January 6, 1970; decided January 22, 1970.
Benjamin Asarch for appellant.
Peter A. Jaffe a nd Benjamin Jaffe for respondents.
Appeal dismissed, without costs, upon the ground that the order, entered in the action itself, staying such action pending arbitration, does not finally determine the action within the meaning of the Constitution (see American Reserve Ins. Co. v. China Ins. Co., 298 N. Y. 915 ; Cohen and Karger, Powers of the New York Court of Appeals, p. 129, n. 11; cf. Merrill Lynch, Pierce, Fenner & Smith v. Griesenbeck, 21 N Y 2d 688 ).