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MTR. OF SIMPLEX MACHINE TOOL CORP. (SWIND MACH. CO.)

16 Misc.2d 85 (1955)

In the Matter of the Arbitration between Simplex Machine Tool Corporation, Petitioner, and Swind Machinery Company, Respondent.

Supreme Court, Special Term, New York County.

August 15, 1955.

Attorney(s) appearing for the Case

Freidberg, Rich & Blue (Sidney Freidberg and Robert W. Walter of counsel), for petitioner.

Strasser, Spiegelberg, Fried & Frank (Laurence Rosenthal of counsel), for respondent.

SAUL S. STREIT, J.

This is a motion by Simplex Machine Tool Corporation to stay Swind Machinery Company from proceeding to arbitrate a dispute between Swind and Simplex. The ground of the motion, as expressed in the notice of motion, is the alleged absence of a contract providing for arbitration. It appears from the moving affidavit that the movant's predecessor, Stokerunit Corporation, had contracted in writing...

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