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MATTER OF LIPSCHUTZ (GUTWIRTH)

304 N.Y. 58 (1952)

In the Matter of the Arbitration between Isidore Lipschutz et al., Appellants, and Albert Gutwirth, Respondent.

Court of Appeals of the State of New York.

Decided April 17, 1952

Attorney(s) appearing for the Case

Leon Finley and David S. Meyer for appellants.

Max A. Gulack for respondent.

LOUGHRAN, Ch. J., LEWIS, DYE, FULD and FROESSEL, JJ., concur with CONWAY, J.; DESMOND, J., dissents for the reasons stated by the Appellate Division in its Per Curiam opinion.

CONWAY, J.

This is an appeal, as of right, from an order of the Appellate Division, First Department, unanimously modifying on the law and the facts an order of Special Term of Supreme Court, New York County, directing that the parties proceed to arbitration and appointing an arbitrator.

Appellants, Isidore Lipschutz and Charles Gutwirth, and respondent, Albert Gutwirth, nephew of Isidore and son of Charles...

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