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MTR. OF BROOKFIELD CLOTHES (ROSEWOOD)

4 A.D.2d 458 (1957)

In the Matter of the Arbitration between Brookfield Clothes, Inc., Respondent, and Rosewood Fabrics, Inc., Appellant

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

October 22, 1957.

Attorney(s) appearing for the Case

Aaron Rosen of counsel (Frederic P. Houston, Melvin Liebowitz and Donald L. Kreindler with him on the brief; Otterbourg, Steindler, Houston & Rosen, attorneys), for appellant.

Sidney Orenstein of counsel (Mortimer Horowitz and Herbert Ferster with him on the brief; Drechsler & Leff, attorneys), for respondent.

Walter Gordon Merritt of counsel (Andrew M. Calamari with him on the brief; McLanahan, Merritt & Ingraham, attorneys), for the National Federation of Textiles, Inc., amicus curiæ.

BOTEIN, J. P., VALENTE and McNALLY, JJ., concur.

FRANK, J.

The respondent appeals from an order granting the petitioner's application for a stay of arbitration proceedings pending before the National Federation of Textiles, Inc.

The order made at Special Term additionally provides that arbitration may proceed if the parties agree upon "any other arbitration tribunal," or, failing such an agreement before an...

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