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  5. 52 A.D.2d 121 (1976)
 

MATTER OF ARBITRATION BETWEEN SCHACHTER (LESTER WITTE & CO.)

52 A.D.2d 121 (1976)

In the Matter of the Arbitration between Alan A. Schachter et al., Respondents, and Lester Witte & Company, Appellant

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

May 11, 1976

Attorney(s) appearing for the Case

Arnold Buffum Lovell of counsel (Arnold Chase, Edward Matthew Kabak and Richard H. Altabef with him on the brief; Botein, Hays, Sklar & Herzberg, attorneys), for appellant.

Franz S. Leichter of counsel (Stephen P. H. Rachlis with him on the brief; Wachtell, Manheim & Grouf, attorneys), for respondents.

STEVENS, P. J., MARKEWICH and LUPIANO, JJ., concur with NUNEZ, J.; KUPFERMAN, J., dissents in an opinion.

NUNEZ, J.

Petitioners-respondents Alan A. Schachter and Daniel M. Horan ("Schachter and Horan") were partners in respondent-appellant Lester Witte & Company, an accounting firm ("Witte", "the firm"). Following termination of their partnership agreement containing an arbitration clause, Witte instituted an arbitration proceeding against Schachter and Horan seeking recovery for alleged violations of the partnership...

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