DAVIS ACOUSTICAL CORP. v. NAT'L SUR. CORP.


24 A.D.2d 523 (1965)

Davis Acoustical Corp., Respondent, v. National Surety Corporation, Appellant

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

June 7, 1965


Per Curiam.

Appellant now limits its claim to the four items to be discussed. In our view, there was insufficient proof, for purposes of summary judgment at least, of the first three items amounting to $1,985.44, $160 and $144, respectively. As to the remaining item of $2,160 the appellant raises the issue that arbitration is required because it was agreed, as the appellant urges that the documentary evidence indicates,

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