MATTER OF NORCEM, INC.


104 A.D.2d 772 (1984)

In the Matter of the Arbitration between Norcem, Inc., Appellant-Respondent, and Colonial Sand & Stone Co., Inc., Respondent-Appellant, and Phibro Corporation, Respondent

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

October 18, 1984


A dispute having arisen over the failure to pay rent and maintenance charges due under a time charter with respect to 15 barges, the owner, Colonial, pursuant to a provision for the arbitration of disputes, sought arbitration against both the charterer, Phibro, and the charterer's assignee, Norcem. Colonial's consent to the assignment stated that "[s]uch assignment shall not release Phibro from any of its obligations under said Time Charter". In the assignment Norcem agreed...

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