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MTR. OF TRANSPACIFIC TRANSP. (SIRENA CO.)

9 A.D.2d 316 (1959)

In the Matter of the Arbitration between Transpacific Transport Corp., Respondent, and Sirena Shipping Company, S. A., Appellant

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

November 24, 1959.

Attorney(s) appearing for the Case

Sheldon A. Vogel of counsel (John G. deRoos with him on the brief; Bingham, Englar, Jones & Houston, attorneys), for appellant.

Raymond J. Burke of counsel (Thomas A. Dillon, Jr., with him on the brief; Nelson, Healy, Baillie & Burke, attorneys), for respondent.

VALENTE, McNALLY and STEVENS, JJ., concur with BREITEL, J. P.; M. M. FRANK, J., dissents in part and votes to modify, in opinion.

BREITEL, J. P.

The buyer, Transpacific, brought this proceeding to compel the seller, Sirena, to submit to arbitration the dispute which has arisen between them as to alleged breaches by the seller of a written agreement to sell a vessel. The buyer claimed breaches of warranty and misrepresentations as to the condition of the vessel. In accordance with the broad arbitration clause contained in the agreement, Special...

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