MATTER OF WETZLER


9 A.D.2d 611 (1959)

In the Matter of the Arbitration between Charles E. Wetzler et al., Doing Business as Vibro Mfg. Co., et al., Appellants, and Equi-Flow, Inc., Respondent

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

September 22, 1959


Order modified, on the law, by deleting the final decretal provision thereof and providing for the trial of the issues respecting the alleged waiver by petitioners of respondent's performance of the provisions of the agreement of October 29, 1953, and for disposition of the motion for a stay of the arbitration after said trial, with costs.

On September 21, 1953 petitioners and respondent entered into a writing for the services of the respondent, the use of the latter...

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