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MATTER OF FIEDLER

7 A.D.2d 626 (1958)

In the Matter of the Arbitration between Leo Fiedler, Respondent, and Helene Adler et al., Copartners Doing Business under the Name of Adolphe Adler, Appellants. In the Matter of the Arbitration between Abraham Koppel et al., Copartners Doing Business under the Name of A. Koppel & Son, Respondents, and Helene Adler et al., Copartners Doing Business under the Name of Adolphe Adler, Appellants

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

November 5, 1958

Appellants served only a cross notice of motion (purporting to be a special appearance) attacking the validity of the service of the petition and jurisdiction. We affirm the determinations insofar as they hold that the court had jurisdiction of the subject matter and the parties. However, appellants should have leave to address themselves to the merits of the applications before any decision on the motions to compel arbitration....

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