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MTR. OF BIG-W CONSTR. CORP. (HOROWITZ)

24 Misc.2d 145 (1959)

In the Matter of the Arbitration between Big-W Construction Corp., Petitioner, and Samuel Horowitz et al., Doing Business as Horowitz & Rubin, Respondents.

Supreme Court, Special Term, Queens County.

October 5, 1959.

Attorney(s) appearing for the Case

Austin & Du Pont and L. J. & G. A. Shapiro (Stephen J. Masse and Albert A. Du Pont of counsel), for petitioner.

Stull & Stull for respondents.

J. IRWIN SHAPIRO, J.

Petitioner moves for an order confirming an award of arbitrators and for judgment thereon. The respondents cross-move "for an order vacating said award of arbitrators, or referring any questions of fact which may be raised on such cross-motion to an Official Referee, or heard in open Court."

On July 19 and 28, 1949, petitioner, as owner, entered into two contracts for the performance...

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