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SOLOMON v. CONSOL. RESISTANCE CO. OF AM., INC.

97 A.D.2d 791 (1983)

Louis Solomon et al., Doing Business as Globe Sports Product, et al., Appellants, v. Consolidated Resistance Co. of America, Inc., Respondent

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

November 14, 1983

Order affirmed, with costs. Plaintiffs' insurer instituted this action pursuant to CPLR 1004 which authorizes suit in the name of an insured party who has executed a subrogation receipt or similar agreement in favor of his insurer.

Defendant thereafter obtained an order directing that the controversy be submitted to arbitration as per the agreement to arbitrate between defendant and the named plaintiffs. On appeal, plaintiffs...

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