This section contains the nature of the case and procedural background.

Edlitz (P) was employed by Acadia Company (D) from July 1957 to January 1958. The employment agreement provided for arbitration of any question, difference or controversy arising as to the interpretation and performance of any of the contract provisions that were foregoing. Prior to the expiration of the contract, it was orally renewed, and P's employment was extended for six months. When employment was terminated, a dispute arose over whether the contract had been breached and as to wages thereunder. The Special Term denied arbitration as the oral renewal did not create a binding agreement to arbitration under 1449. This appeal resulted.

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