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MATTER OF AMEROTRON CORP.

3 A.D.2d 899 (1957)

In the Matter of the Arbitration between Amerotron Corporation, Appellant, and Maxwell Shapiro Woolen Company, Inc., Respondent

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

May 14, 1957

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted.

By all of its actions respecting its claim of fraud inducing the contract, including its complaint in the Massachusetts action, respondent failed to rescind the contract and elected to recognize the contract and claim damages for the fraud. Such a claim was arbitrable and should have been arbitrated under the contract. There is no basis for relieving respondent of...

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