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MTR. OF RICCARDI (MODERN LINEN SUPPLY)

45 A.D.2d 191 (1974)

In the Matter of the Arbitration between Rex P. Riccardi, Appellant, and Modern Silver Linen Supply Co., Inc., et al., Respondents

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

June 27, 1974.

Attorney(s) appearing for the Case

Allan Richard Henis for appellant.

Lawrence I. Drath of counsel (Hoffberg, Margolies, Kenny & Drath, attorneys), for respondents.

MURPHY and LANE, JJ., concur with TILZER, J.; NUNEZ, J. P., dissents in an opinion; LUPIANO, J., concurs in part and dissents in part in an opinion.

TILZER, J.

Petitioner appeals from a judgment which denied a stay of arbitration. Respondents served a demand for arbitration pursuant to three contracts dated December 3, 1971, March 6, 1972 and January 1, 1973, claiming that petitioner breached the restrictive covenants contained in each of the agreements. The first two contracts provided generally in paragraph 7 as follows: "Except to the extent the Company...

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