In the Matter of the Arbitration Between Bunge Corporation, Respondent, and Scarburgh Company, Inc., Appellant, 20 A.D.2d 878

Order, entered on February 13, 1964, granting a motion by petitioner for an order compelling arbitration and denying a cross motion by respondent Searburgh for an order extending its time to answer the petition to compel arbitration, unanimously affirmed, without costs, on the ground that no facts of fraud sufficient to create an issue were averred. Concur — Breitel, J. P., McNally, Eager, Steuer and Staley, JJ.