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  5. 16 A.D.2d 473 (1962)
 

MTR. SYMPHONY FABRICS (BERNSON MILLS)

16 A.D.2d 473 (1962)

In the Matter of the Arbitration between Symphony Fabrics Corp., Appellant, and Bernson Silk Mills, Inc., Respondent In the Matter of the Arbitration between Symphony Fabrics Corp., Appellant, and Barbara Dance Frocks, Respondent

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

June 12, 1962.

Attorney(s) appearing for the Case

David Sklaire of counsel (Ostrow, Goldman & Sklaire, attorneys), for appellant.

J. J. L. Hessen of counsel (Melvin Beinart with him on the brief; Hahn, Hessen, Margolis & Ryan, attorneys), for Bernson Silk Mills, Inc., respondent.

Seymour J. Ugelow of counsel (Conrad & Smith, attorneys), for Barbara Dance Frocks, respondent.

BOTEIN, P. J., STEVENS, STEUER and BERGAN, JJ., concur in Per Curiam opinion; EAGER, J., dissents and votes to affirm in opinion.

Per Curiam.

The moving party, Symphony Fabrics Corp., is a converter of textiles. It purchased certain taffeta from Bernson Silk Mills. It later sold a substantial portion of these goods to Barbara Dance Frocks. The latter expressed dissatisfaction with the goods and initiated arbitration proceedings in accordance with its contract of purchase. Thereupon Symphony refused to pay Bernson and the latter also started...

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