MATTER OF GENERAL LINEN SUPPLY L. CO., 248 N.Y. 402 (1928)

162 N.E. 296

In the Matter of GENERAL LINEN SUPPLY AND LAUNDRY COMPANY, INC., Respondent, against NEW YORK LINEN SUPPLY AND LAUNDRY COMPANY, INC., Appellant.

Court of Appeals of the State of New York.Argued May 28, 1928
Decided June 12, 1928

Appeal from the Supreme Court, Appellate Division, Second
Department.

Page 403

Howard Thayer Kingsbury and Walter R. Barry for appellant.

Ralph Weller and Milton M. Eisenberg for respondent.

Per Curiam.

The contract has been properly construed as providing generally for arbitration of any question arising thereunder.

The questions submitted are, however, subject to the objection that they tend to decide in part the points in controversy.

The order appealed from should be modified by striking out the questions submitted and substituting in place thereof the following, viz.:

(a) Whether or not the accounting and other expenses, if any, of arbitrations already had between the parties are necessary and incidental to the fulfillment thereof, and whether or not such expenses shall be charged to the net assets of the New York Linen Supply Laundry Company, Inc.

(b) Whether or not the bleaching plant located at Long Island City together with all its contents is to be valued at more than $6,000.

(c) Whether or not the petitioner’s assignors (the withdrawing stockholders) were wrongfully charged with approximately $6,000 for boilers and fixtures of Star Steam Laundry located at 553 West Forty-second street, New York city.

(d) Whether the proportionate share of the General

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Linen Supply Laundry Company, Inc., shall or shall not be increased by reason of the facts with reference to the 1,283 shares of common stock held by I.N. Thurman.

The order as so modified should be affirmed, without costs.

CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O’BRIEN, JJ., concur.

Ordered accordingly.