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DOLOMITE v. BECONTA, INC.

129 Misc.2d 857 (1985)

Dolomite, S.P.A., Plaintiff, v. Beconta, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

August 29, 1985

Attorney(s) appearing for the Case

Holtzmann, Wise & Shepard (Norman Solovay of counsel), for plaintiff. Fried, Frank, Harris, Shriver & Jacobson (William McGuinness of counsel), for defendants.

HERMAN CAHN, J.

This motion compels an examination of the relationship between the United States Arbitration Act (9 USC § 1 et seq.), and the arbitration article of the CPLR, article 75. By virtue of recent United States Supreme Court decisions, the substantive provisions of the Federal statute apply in State court and preempt New York law which would withdraw the power to enforce arbitration agreements.

Plaintiff moves by order to...

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