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MATTER OF RIVERDALE FABRICS CORP. (TILLINGHAST-STILES CO.)

306 N.Y. 288 (1954)

In the Matter of the Arbitration between Riverdale Fabrics Corp., Appellant, and Tillinghast-Stiles Company, Respondent.

Court of Appeals of the State of New York.

Decided February 25, 1954

Attorney(s) appearing for the Case

Francis J. Duffy and Hyman A. Hochman for appellant.

Melvin Liebowitz, Reuben Golin and Arthur A. Litt for respondent.

LEWIS, Ch. J., CONWAY and FULD, JJ., concur with VAN VOORHIS, J.; DESMOND, J., dissents and votes for affirmance in an opinion in which DYE, J., concurs; FROESSEL, J., dissents and votes for affirmance in a separate memorandum.

VAN VOORHIS, J.

The question is whether the contract entered into between these parties contains an arbitration clause, precluding resort to actions at law or in equity. Westchester County Special Term denied a stay of arbitration. This order was reversed by the Appellate Division, Second Department, which unanimously granted the application for a stay (281 App. Div. 831), in reliance on Matter of Level Export...

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