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MATTER OF SYMPHONY FABRICS CORP.

12 N.Y.2d 409 (1963)

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

Court of Appeals of the State of New York.

Decided March 28, 1963.

Attorney(s) appearing for the Case

J. J. L. Hessen and Melvin Beinart for appellant.

David Sklaire for Symphony Fabrics Corp., respondent.

Seymour J. Ugelow for Barbara Dance Frocks, respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, FOSTER and SCILEPPI concur.

BURKE, J.

The question on this appeal raises two issues: Does the Supreme Court have the power to consolidate two arbitration proceedings where the parties are not the same in both proceedings; and, if so, did the Appellate Division abuse its discretion in directing the consolidation?

On April 19, 1961 Symphony and Barbara entered into a contract whereby Symphony...

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