MATTER OF JIMEL CONSTR. CORP.


2 A.D.2d 709 (1956)

In the Matter of the Arbitration between Jimel Construction Corp., Respondent, and Charles Goldstein & Sons, Inc., et al., Appellants

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

June 25, 1956


The arbitration provision of the contract between the parties states that if the two arbitrators selected by the parties fail to select a third arbitrator within a certain time, either party "may" apply to a "Justice of the Court in the locality of the project" for the appointment of the third arbitrator. The project in question was located in Suffolk County. When the two arbitrators failed to select a third, respondent, which had its place of business in Queens County, moved...

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