
    Murian Frocks, Inc., Appellant, v. Malamor Dress Corporation, Respondent.
    Supreme Court, Appellate Term, First Department,
    July 21, 1934.
    
      
      Lind, Shlivek, Marks & Brin [Saul S. Brin of counsel], for the appellant.
    
      William Davis, for the respondent.
   Per Curiam.

While a binding agreement to arbitrate would constitute a defense which could be pleaded and proved in this action, and a completed arbitration would be sufficient ground for the special appearance, the Municipal Court has no jurisdiction to compel arbitration either by mandatory order or by granting a stay of proceedings pending submission thereto. Proper procedure required a hearing on the question raised by the special appearance. (Mun. Ct. Code, § 78, subd. 8.)

Order reversed, with ten dollars costs, and motion denied.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.  