MTR. OF FLOTILL PRODS. INC. (BUITONI FOODS)


17 Misc.2d 499 (1959)

In the Matter of the Arbitration between Flotill Products Incorporated, Petitioner, and Buitoni Foods Corp., Respondent.

Supreme Court, Special and Trial Term, New York County.

May 5, 1959.


Attorney(s) appearing for the Case

Henry Edward Schultz (John J. Yellin and Roger A. Schultz of counsel), for petitioner.

Garfield, Clifford & Fagan for respondent.


IRVING H. SAYPOL, J.

Special Term on a motion to stay arbitration on the disputed question of the place of arbitration, i.e., New York or San Francisco, has referred the issue for trial as a question of fact.

The issue has been tried by the court without a jury and taken under advisement before completion of the proof on the premise that there is no issue of fact.

The court finds on a consideration...

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