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MATTER OF J. BERLAGE CO., INC.

20 A.D.2d 698 (1964)

In the Matter of the Arbitration between J. Berlage Co., Inc., Respondent, and Littlejohn & Co., Inc., Appellant

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

February 20, 1964

Order, entered on October 15, 1963, unanimously reversed on the law, without costs, and the motion denied.

There was no contract between J. Berlage Co., Inc., and Littlejohn & Co., Inc., to arbitrate their differences. Absent such an agreement the court may not direct arbitration. (See decision in companion appeal [No. 2, p. 697] and the reasons there stated.) Muller v. Pondir (55 N.Y. 325) cited by Special Term, may be distinguished. The decision of the...

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