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MATTER OF WEINBERGER

41 A.D.2d 620 (1973)

In the Matter of the Arbitration between Milford B. Weinberger, Appellant, and Gloria K. Friedman, as Executrix of David A. Friedman, Deceased, Respondent

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

February 15, 1973

The stay granted by order of this court entered on December 5, 1972, is vacated. Special Term properly concluded that the doctrine of res judicata is applicable to issues resolved by earlier arbitration, but it erred in assigning determination of the issue to the province of the arbitrators. The court is the proper forum for determination of its application. The governing principles were enunciated by this court in Matter of Spring Cotton Mills (Buster Boy Suit...

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