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MATTER OF RAND

36 A.D.2d 955 (1971)

In the Matter of the Arbitration between Alwyn Rand, Appellant, and Guy Spinello, Respondent

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

May 10, 1971

Order affirmed, without costs.

With respect to the question of notice to arbitrate, on the facts of this case there was a substantial compliance with the statute and no prejudice to appellant.

Gulotta, J., dissents and votes to reverse the order and to grant the application, with the following memorandum, in which Christ, J. concurs:

This appeal involves the correctness of an order which denied petitioner a stay of arbitration. Respondent...

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