MATTER OF MARTZ


12 A.D.2d 786 (1961)

In the Matter of the Arbitration between Samuel Martz, Respondent, and Morris L. Martz, Appellant, and Benjamin Martz, Respondent

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

January 9, 1961


Order reversed, with $10 costs and disbursements, and matter remitted to Special Term for proceedings consistent with the views herein set forth.

It expressly appears from the account of October 22, 1958, that furniture, fixtures and machinery of unknown value still remained undisposed of as of that date. It is undisputed that it was not until some time after said date that some of those assets were divided; that agreement...

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