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MTR. OF WRAP-VERTISER CORP. (PLOTNICK)

2 A.D.2d 346 (1956)

In the Matter of the Arbitration between Wrap-Vertiser Corporation et al., Appellants, and Alvin B. Plotnick, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 9, 1956.

Attorney(s) appearing for the Case

J. Leon Israel for appellants.

Samuel Brill for respondent.

BREITEL and RABIN, JJ., concur with Cox, J.; BOTEIN, J., dissents in opinion, in which PECK, P. J., concurs.

COX, J.

In this appeal from an order of Special Term denying a motion by petitioners-appellants to stay arbitration, appellants claim that Item 1 of the demand for arbitration does not come within the purview of the arbitration clause of the contract between the parties because it involves fraud and misrepresentation inducing the claimant to enter into the contract.

Subdivision c of paragraph 4 of the...

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