MTR. OF PASCH (CHEMOLEUM CORP.)


26 Misc.2d 925 (1960)

In the Matter of the Arbitration between A. J. Pasch, as Chairman of the Atlantic and Gulf/West Coast of South America Conference, Petitioner, and Chemoleum Corporation, Respondent.

Supreme Court, New York County.

November 30, 1960


Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (John R. Mahoney, David Orlin and Roger H. Lloyd of counsel), for petitioner. Arthur Soybel and Richard W. Kurrus for respondent.


OWEN McGIVERN, J.

Petitioner moves against respondent for an order directing that arbitration proceed pursuant to contract entered into between the parties on March 4, 1953. Respondent in an affirmative defense set forth in its answer alleged that the "petition fails to state facts sufficient to institute a course of action" and moves to dismiss on that ground.

Petitioner charges respondent with breach of what has been called a "dual rate contract...

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