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  5. 46 N.Y.2d 1016 (1979)
 

INT'L MODULAR HOUS., INC. v. ATLANTA SHIPPING CORP.

46 N.Y.2d 1016 (1979)

International Modular Housing, Inc., Appellant, v. Atlanta Shipping Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1979.

Attorney(s) appearing for the Case

Michael C. Silberberg and Lois F. Wasoff for appellant.

Philip J. Curtin and Edwin F. Lambert, Jr., for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendants-respondents, to the extent of vacating the stay as to defendant-respondent Marine Transport Overseas, Inc., and, as so modified, affirmed.

We are in agreement with the majority of the Appellate Division that defendant Atlanta Shipping Corp. did not waive its right to arbitrate...

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