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MINKIN v. HALPERIN

304 N.Y. 617 (1952)

In the Matter of the Arbitration between David Minkin et al., Respondents, and John Halperin, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1952

Attorney(s) appearing for the Case

Arthur G. Warner and James E. Birdsall for appellant.

John P. McGrath for respondents.

Concur: LOUGHRAN, Ch. J., LEWIS, DYE and FROESSEL, JJ. Dissent: DESMOND and FULD, JJ.

Order affirmed, with costs; no opinion.

DESMOND and FULD, JJ., dissent and vote to reverse the order appealed from and to dismiss the petition, with costs, on the ground that sufficient appears in the papers to show an issue of fact, triable by the arbitrators, as to the existence of a valid release. Not sitting...

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