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MTR. OF SMITH (POLAR NAVEGACION LTDA.)

15 Misc.2d 301 (1958)

In the Matter of the Arbitration between H. V. B. Smith et al., Copartners Doing Business under the Name of H. J. Baker & Bro., Petitioners, and Polar Cia De Navegacion Ltda., Respondent.

Supreme Court, Special Term, New York County.

October 10, 1958.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens (Wharton Poor and R. Glenn Bauer of counsel), for petitioner.

Pyne, Brush, Smith & Michelsen (Albert Robin of counsel), for respondent.

JACOB MARKOWITZ, J.

Motion No. 55 of even date is consolidated with the instant motion and disposed of as follows:

Petitioner moves, pursuant to sections 1450 and 1452 of the Civil Practice Act, to compel respondent to proceed to arbitration of the subject of their dispute. Respondent cross-moves to vacate service of the order to show cause upon the ground that this court does not have jurisdiction over...

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