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MATTER OF MANTELL

28 A.D.2d 1134 (1967)

In the Matter of the Arbitration between Seymour L. Mantell et al., Appellants, and Unipak Aviation Corporation, Respondent

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

November 13, 1967

Under the unusual facts at bar we conclude that the 1962 "award" herein was actually a new and substituted agreement adopted in the form of an award by the parties in place of their November, 1956 stockholders' agreement and for the purpose of providing a plan for the redemption of appellants' stock. The fact that the 1962 "award" was not confirmed within the statutory period did not diminish its character as a continuing agreement which, among other things, provided for...

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