Merrill Lynch, Pierce, Fenner & Smith Inc. v. Griesenbeck

234 N.E.2d 456, 21 N.Y.2d 688, 287 N.Y.S.2d 419, 1967 N.Y. LEXIS 989

Opinions

Memorandum.

The order should be affirmed, with costs, on the opinion at the Appellate Division. We would- only add that an order, such as the one before us, which directs arbitration is a final order in a special proceeding and appealable as such to this court. (See Matter of Wilaka Constr. Co. [New York City Housing Auth.], 17 N Y 2d 195, 204.) The mere fact that this order was made on a motion in a pending action does not impair its finality. (See Marshall Ray Corp. v. Haedke & Co., 16 N Y 2d 967; Agress v. Turkmenilli, 303 N. Y. 797, 799; Gang v. Gang, 253 N. Y. 356, 358.) To the extent that decisions such as Matter of Schneider v. Statmaster Corp. (12 N Y 2d 887) and Wolstenholme Co. v. Ria Herlinger Fabrics (300 N. Y. 751) held to the contrary, they are explicitly overruled.