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MTR. OF DIMSON (ELGHANAYAN)

26 A.D.2d 442 (1966)

In the Matter of the Arbitration between Irving Dimson et al., Appellants, and Ataollah Elghanayan, Respondent

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

December 6, 1966.

Attorney(s) appearing for the Case

Gerald D. Stern of counsel (Mordecai Rochlin and John J. Knapp with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellants.

Sidney Feldshuh of counsel (John F. Loverro with him on the brief; Feldshuh & Frank, attorneys), for respondent.

RABIN, STEVENS and CAPOZZOLI, JJ., concur with BREITEL., J. P.; STEUER, J., dissents in opinion.

BREITEL, J. P.

Petitioners appeal from an order denying their application to stay an arbitration sought under a set of agreements between two groups of real estate investors providing for a voluntary division of jointly-owned properties. Special Term dismissed the petition on the ground that the agreements provided for arbitration of any disputes and the rejection by respondent of an appraisal made under one...

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