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D-LION CO. v. UNITED EXCAVATING

41 Misc.2d 56 (1963)

D-Lion Co., Inc., Plaintiff, v. United Excavating & Paving, Inc., Defendant.

District Court of Nassau County, Fourth District.

December 11, 1963

Attorney(s) appearing for the Case

Marvin Udsin for defendant. Charles H. Stoll for plaintiff.

BERNARD TOMSON, J.

The defendant moves to dismiss "on the basis that the parties entered into an agreement in writing providing for arbitration". The defendant in support asserts that the action is one for an alleged breach of contract which includes an arbitration clause. A copy of the alleged contract is annexed. The affidavit then states only: "The defendant has not waived its right to arbitration or taken...

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