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MID-ATL. CONSTR. CORP. v. GUIDO

30 A.D.2d 770 (1968)

Mid-Atlantic Construction Corp., Respondent, v. Lawrence Guido et al., Defendants, and New Hartford Plaza, Inc., et al., Appellants, et al., Defendant M. M. Marshall Co., Inc., Respondent, v. New Hartford Plaza, Inc., et al., Appellants, et al., Defendant. (Action No. 3.)

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

June 27, 1968

Order dated April 13, 1965, insofar as it denied motion of defendants New Hartford Plaza, Inc., Loomis J. Grossman and Betti S. Grossman, as Trustees, Robert C. Baker and Loomis J. Grossman, Jr. to dismiss the first and second causes of action contained in the amended complaint of the plaintiff, M. M. Marshall Co., Inc., and denied the motion to proceed to arbitration if the issue with respect of fraud in the inducement of the contract is determined in favor of owner defendants...

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