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MTR. OF TERM. AUXILIAR MARITIMA (WINKLER)

6 N.Y.2d 294 (1959)

In the Matter of the Arbitration between Terminal Auxiliar Maritima, S. A., Respondent, and Winkler Credit Corporation, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Jacob Freed Adelman and Elliott J. Solomon for appellant.

Albert D. Jordan and Barry H. Singer for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.

FULD, J.

On November 14, 1957, Terminal Auxiliar Maritima, as charterer, chartered a vessel from respondent Ocean Trading Corporation under a voyage charter agreement for the carriage of a cargo of sugar from Cuba to Europe. The agreement provided that "Any dispute that may arise under this Charter [is] to be settled by arbitration, each party appointing an Arbitrator, and should they be unable to agree, the decision...

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