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MTR. OF SIMONS (ISRAEL COMMODITY CO.)

37 Misc.2d 299 (1962)

In the Matter of the Arbitration between Robert Simons, Petitioner, and A. C. Israel Commodity Co., Inc., Respondent.

Supreme Court, Special Term, New York County.

October 24, 1962

Attorney(s) appearing for the Case

Bergerman & Hourwich (Joseph Calderon of counsel), for petitioner. Curtis, Mallet-Prevost, Colt & Mosle (John P. Campbell and Michael A. Schwind of counsel), for respondent.

GEORGE TILZER, J.

Upon the foregoing papers, by Motion No. 151 of the calendar of September 27, 1962, the petitioner moves to vacate an award in arbitration. By Motion No. 173 of the same calendar, the respondent moves to confirm the award. These motions are consolidated and will be disposed of together.

The petitioner contends that the award was not within the power of the arbitrators as it was in violation...

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