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  5. 59 A.D.2d 359 (1977)
 

MATTER OF ARBITRATION BETWEEN MARLENE IND. CORP., AND CARNAC TEXTILES, INC.

59 A.D.2d 359 (1977)

In the Matter of the Arbitration between Marlene Industries Corp., Appellant, and Carnac Textiles, Inc., Respondent

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

November 15, 1977

Attorney(s) appearing for the Case

Philip Sherwood Greenhaus of counsel (Ballon, Stoll & Itzler, attorneys), for appellant.

Martin W. Fogel of counsel (Fogel, Kamhi & Spiegler, P. C., attorneys), for respondent.

YESAWICH, J., concurs with KUPFERMAN, J. P.; MARKEWICH, J., concurs in an opinion; SILVERMAN, J., dissents in an opinion.

KUPFERMAN, J. P.

The parties entered into an oral agreement whereby the petitioner Marlene Industries Corp. agreed to buy and the respondent Carnac Textiles, Inc. agreed to sell fabrics at a stated price in a specific color for a specific delivery time. A dispute arose as to the payments owing from Marlene to Carnac, and Carnac served a notice of intention to arbitrate, and Marlene moved to stay the arbitration...

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