ELGIN NAT'L INDUS., INC. v. SOMERSET CONSTR. CO., INC.


59 A.D.2d 869 (1977)

Elgin National Industries, Inc., et al., Respondents, v. Somerset Construction Co., Inc., Appellant, and Irving Trust Company et al., Respondents

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

November 17, 1977


Unanimously reversed, on the law, and motion granted.

Appellant shall recover of plaintiffs-respondents $40 costs and disbursements of this appeal. On March 10, 1970 appellant and plaintiff entered into a written joint venture agreement which provided as follows: "33. ARBITRATION The parties agree that any dispute arising out of or in connection with the within Agreement * * * shall be settled by arbitration in the City of New York before three (3) arbitrators in...

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