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MATTER OF BROWN-TURNER, INC.

4 Misc.2d 786 (1955)

In the Matter of the Arbitration between Brown-Turner, Inc., Petitioner, and Complete Machinery & Equipment Co., Inc., Respondent. Complete Machinery & Equipment Co., Inc., Plaintiff, v. Brown-Turner, Inc., Defendant.

Supreme Court, Special Term, New York County.

November 3, 1955.

Attorney(s) appearing for the Case

Sidney O. Raphael, William Levin and Oswald Vischi for petitioner and defendant.

Grossman & Grossman for respondent and plaintiff.

MATTHEW M. LEVY, J.

Arbitration is demanded by one party to the contract and is rejected by the other. One sued at law; the other sued to compel arbitration. One motion before me seeks to stay the lawsuit; the other asks that the arbitration proceedings be stayed. Both motions were argued together, will be considered together, and are consolidated for disposition. On the argument, the stricken stays proposed ex parte in the respective orders to show cause...

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