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MATTER OF WANDER IRON WORKS, INC.

38 A.D.2d 529 (1971)

In the Matter of the Arbitration between Wander Iron Works, Inc., Respondent, and Wilaka Construction Co., Inc., Appellant

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

December 9, 1971

The dissent relies on the acceptance of the letter dated December 19, 1967 and allegedly sent by Wander. However, the reply affidavit of Herbert Kaplan, president of Wilaka, states that "I deny that the original of such letter or any letter purporting to confirm a verbal order in accordance with any proposal submitted by Wander to Wilaka was ever received by Wilaka". This presents a clear issue of fact and a trial must be had to determine the truth. As to Wilaka's letter...

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