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MATTER OF KYNE (MOLFETAS)

3 A.D.2d 384 (1957)

In the Matter of the Arbitration between Martin C. Kyne, as President of Culinary Workers Union of New York, Local 923, AFL-CIO, Respondent, and Spiros Molfetas, Doing Business as Molfetas Cafeteria, Appellant

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

March 26, 1957.

Attorney(s) appearing for the Case

Thomas A. McDonald (Thomas P. Pender with him on the brief), for appellant.

Milton M. Konowe of counsel (Katz & Wolchok, attorneys), for respondent.

PECK, P. J., RABIN, FRANK, McNALLY and BERGAN, JJ., concur.

Per Curiam.

In this arbitration proceeding the respondent appeals from an order confirming the award.

The order must be reversed and the matter remanded to Special Term for a hearing to determine: (1) whether the contract providing for arbitration was made by the petitioner labor union and the respondent as an individual or on behalf of his corporate entity; and (2) whether due notice of the arbitration was...

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