BEN MILLER, INC. v. MARCUS BROS. TEXTILES, INC.


59 A.D.2d 850 (1977)

Ben Miller, Inc., Respondent, v. Marcus Brothers Textiles, Inc., Appellant

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

November 3, 1977


Unanimously reversed, on the law, without costs and without disbursements, and the arbitration is directed to proceed forthwith.

In January, 1977, appellant served respondent with a demand for arbitration in New York City. The demand placed respondent on notice that it would be precluded from objecting to arbitration unless objection was interposed to the proceeding within 20 days after service of the demand for arbitration. Respondent, a Texas corporation, initiated...

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