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MTR OF SBARRO HOLDING, INC. (YUAN)

111 Misc.2d 910 (1981)

In the Matter of the Arbitration between Sbarro Holding, Inc., Petitioner, and Shien Tien Yuan et al., Respondents. (Action No. 1.) In the Matter of the Arbitration between Shien Tien Yuan et al., Petitioners, and Sbarro Licensing, Inc., et al., Respondents. (Action No. 2.)

Supreme Court, Trial Term, Kings County.

December 16, 1981

Attorney(s) appearing for the Case

Stern, Fixler & Weiner (Joel S. Stern of counsel), for petitioner in Action No. 1. Eisenberg, Margolis & Gottfried (Gerald Eisenberg of counsel), for respondents in Action No. 1.

ARTHUR S. HIRSCH, J.

Respondent franchisees Shien Tien Yuan and Rita Yuan (Yuans) instituted an arbitration proceeding against Sbarro Holding, Inc., and Sbarro Licensing of Virginia.

Sbarro Holding, Inc., commenced the present proceeding to stay the arbitration as to Sbarro Holding, Inc., on the grounds that the only agreement which provided for arbitration was between the Yuans and Sbarro Licensing of Virginia. The Yuans instituted a second proceeding...

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