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MTR. OF FROMER FOODS, INC. (EDELSTEIN)

14 Misc.2d 1048 (1958)

In the Matter of the Arbitration between Fromer Foods, Inc., Petitioner, and Edelstein Foods, Inc., Respondent.

Supreme Court, Special Term, Bronx County.

November 13, 1958.

Attorney(s) appearing for the Case

Benjamin Massey for petitioner.

Rubinton & Coleman (Nathan Cooper of counsel), for respondent.

EDGAR J. NATHAN, J.

This is a motion to confirm an award of arbitration. The arbitration was to be had before three arbitrators, the third arbitrator being appointed by the two arbitrators chosen by the respective parties. It is conceded that pursuant to the contract the decision of any two arbitrators was to be final. Respondents claim that the award is invalid because of the death of the arbitrator chosen...

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