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MATTER OF AAACON AUTO TRANSP. (ROSENBAUM)

50 A.D.2d 180 (1975)

In the Matter of the Arbitration between Aaacon Auto Transport, Inc., Appellant, and Harry Rosenbaum et al., Respondents

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

December 18, 1975

Attorney(s) appearing for the Case

Ralph J. Zola of counsel (Michael G. Ames with him on the brief; Zola & Zola, attorneys), for appellant.

Arthur Oxenberg for respondents.

MARKEWICH, J. P., and LUPIANO, J., concur with MURPHY, J.; KUPFERMAN and NUNEZ, JJ., dissent in an opinion by NUNEZ, J.

MURPHY, J.

On or about January 7, 1974, petitioner, a domestic corporation, and respondents Dorothy and Harry Rosenbaum, residents of Colorado, entered into an agreement pursuant to which petitioner was to transport the Rosenbaum's automobile from Denver Colorado, to Palm Springs, California. The agreement (and other related documents) provided, inter alia, that "[d]river and shipper [owner] consent to...

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