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MTR. OF COUTURE FABRICS, LTD. (DEE, INC.)

20 Misc.2d 399 (1959)

In the Matter of the Arbitration between Couture Fabrics, Limited, Petitioner, and Phyllis Dee, Inc., Respondent.

Supreme Court, Special Term, New York County.

November 30, 1959.

Attorney(s) appearing for the Case

Gainsburg, Gottlieb, Levitan & Cole (Eugene H. Feldman of counsel), for petitioner.

Kommel & Rogers (Myron Kommel of counsel), for respondent.

JACOB MARKOWITZ, J.

This is a motion to confirm an award of arbitrators. In opposition thereto the respondent brings to the attention of the court that, by mistake, its attorney in Florida advised it, the petitioner, and the arbitrators that pursuant to Florida law the agreement to arbitrate was unenforcible. They were advised of a Supreme Court case in that State decided in 1955. The said attorney had overlooked that an arbitration

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