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PALTROW PIPE & STEEL CORP. v. MARUBENI-IIDA (AM.), INC.

35 A.D.2d 960 (1970)

Paltrow Pipe & Steel Corporation, Appellant, v. Marubeni-Iida (America), Inc., Respondent

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

December 7, 1970

Order reversed, with $10 costs and disbursements, and application granted to the extent that a trial on the question whether a valid agreement to arbitrate was made is directed to be held and, pending determination of that question after trial, arbitration is stayed.

In this proceeding, a substantial issue of fact is presented as to the making of an agreement to arbitrate, which should not be determined on affidavits but...

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