ALEXANDER ENTERS., INC. v. RYCKWAERT


38 A.D.2d 585 (1971)

Alexander Enterprises, Inc., Appellant-Respondent, v. James Ryckwaert et al., Defendants, and Vappi & Company, Inc., Respondent-Appellant

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

December 20, 1971


Order of June 21, 1971 reversed, on the law and the facts, and plaintiff's motion to stay arbitration granted. Order of August 16, 1971 affirmed insofar as appealed from.

Plaintiff is granted one bill of costs against defendant Vappi & Company, Inc., to cover both appeals. In our opinion, upon the evidence presented herein, plaintiff may not be compelled to submit to arbitration. We find that the contract which, together with the extrinsic documents it purports...

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