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MATTER OF PRAETORIAN REALTY CORP.

40 N.Y.2d 897 (1976)

In the Matter of the Arbitration between Praetorian Realty Corp., Appellant, and Presidential Towers Residence, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Joseph H. Spain and Jeffrey M. Weissman for appellant.

A. David Benjamin and Eugene J. Morris for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order affirmed, with costs, on the memorandum at the Appellate Division, with the following added comments: Appellant Praetorian Realty seeks to avoid arbitration on the ground that the agreement provides that only certain of its clauses are to survive the delivery of title and, further, that the claims asserted by respondent Presidential Towers fall within those clauses which did not survive the delivery of title...

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