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DURST v. ABRASH

22 A.D.2d 39 (1964)

Joseph Durst, Respondent, v. Anne M. Abrash, as Trustee under Trust Agreements Created by George Abrash, Appellant, et al., Defendant

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

October 27, 1964.

Attorney(s) appearing for the Case

Jules J. L. Hessen of counsel (Hahn, Hessen, Margolis & Ryan, attorneys), for appellant.

Paul R. Scott of counsel (Milton I. Newman with him on the brief; Baar, Bennett & Fullen, attorneys), for respondent.

VALENTE and McNALLY, JJ., concur with BREITEL, J. P.; STEUER, J., dissents in opinion in which EAGER, J., concurs.

BREITEL, J. P.

In an action for a declaratory judgment to determine that a certain purported stock sale transaction was in fact a disguise for a usurious loan agreement defendant appeals from an order denying her motion to compel arbitration (CPLR 7503, subd. [a]). Special Term denied the motion but directed a preliminary trial of the issues upon which arbitrability depends. The issue is whether the agreement...

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