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KUSHLIN v. BIALER

32 A.D.2d 217 (1969)

Larry Kushlin, Appellant, v. David J. Bialer et al., Doing Business as Styleart Engraving Company, Respondents

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

June 26, 1969.

Attorney(s) appearing for the Case

Benjamin Asarch of counsel (Tachna, Bauman, Asarch & Altomerianos, attorneys), for appellant.

Peter A. Jaffe of counsel (Benjamin Jaffe with him on the brief; Benjamin Jaffe and Peter A. Jaffe, attorneys), for respondents.

STEVENS, P. J., EAGER and McGIVERN, JJ., concur with McNALLY, J.; NUNEZ, J., dissents in opinion.

McNALLY, J.

Special Term stayed prosecution of this action pending arbitration as provided in the agreement of the parties dated February 1, 1955.

The agreement provides (par. 20) "these arbitrators shall be selected one by each of the partners." Plaintiff-appellant argues the other two parties to the agreement, the individual defendants, are aligned against him, therefore the contract provision for...

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