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MATTER OF SCHACHTER

41 N.Y.2d 1067 (1977)

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

Court of Appeals of the State of New York.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Stephen P. H. Rachlis, Harold Manheim, Robert Braunschweig and Franz S. Leichter for appellants.

Arnold Buffum Lovell, Arnold Chase, Edward Matthew Kabak and Richard H. Altabef for appellants.

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

MEMORANDUM.

Order affirmed.

The conclusory allegations contained in the petition and moving papers are insufficient to demonstrate that there is a "substantial question of the existence of a `valid agreement' to arbitrate" (Durst v Abrash, 22 A.D.2d 39, 41, affd on opn below 17 N.Y.2d 445). Specifically, petitioners do not spell out evidentiary facts sufficient to raise a triable...

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