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MATTER OF KLINES (GREEN)

2 A.D.2d 373 (1956)

In the Matter of the Arbitration between Norman Klines, Respondent, and Jacob A. Green et al., Appellants In the Matter of the Arbitration between David Coleman, Respondent, and Jacob A. Green et al., Appellants

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

November 5, 1956.

Attorney(s) appearing for the Case

Sol A. Liebman and William Kerwick for Brewster Homes, Inc., and others, appellants.

Sol A. Liebman for Jacob A. Green, appellant.

Sidney M. Spero and Edwin N. Charnin for respondents.

UGHETTA and HALLINAN, JJ., concur with MURPHY, J.; NOLAN, P. J., and BELDOCK, J., dissent and vote to reverse the orders and to remit the proceedings to the Special Term, with memorandum.

MURPHY, J.

An agreement was entered into on January 17, 1952 between respondent Klines and appellants Green, Brewster Homes, Inc., Kingston Homes, Inc., Thayer Homes, Inc., Oakley Homes, Inc., and Jordan Homes, Inc. It relates to the stock interest of Klines in the corporate appellants (except Brewster Homes, Inc.) and provides for their dissolution. The arbitration provisions in the agreement read:

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