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MATTER OF LADIN (D. & C. TEXTILE)

20 A.D.2d 8 (1963)

In the Matter of the Arbitration between Emma Ladin et al., as Executors of Morris Ladin, Deceased, et al., Appellants, and D. & C. Textile Corp., Formerly Known as D. & C. Binding and Trimming Co., Inc., Respondent

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

November 21, 1963.

Attorney(s) appearing for the Case

David L. Marks of counsel (Warren B. Silberkleit and Saul D. Kassow with him on the brief; Marks & Marks, attorneys), for appellants.

Solomon Ostrov for respondent.

BOTEIN, P. J., and RABIN, J., concur with STEUER, J.; EAGER, J., concurs in result in opinion, in which RABIN, J., concurs, except insofar as inconsistent with majority opinion. BREITEL, J., dissents in an opinion.

STEUER, J.

We believe that Special Term acted correctly in refusing to stay arbitration, though not all of us arrive at that conclusion by identical reasoning. As stated more fully in the dissenting opinion, the respondents here initiated an arbitration proceeding against respondents in the arbitration for breach of a contract and thereafter started a suit at law against other persons for inducing the breach which...

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