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CARRIER COMMUNICATIONS CORP. v. CELLULAR TEL. ENTERS., INC.

189 A.D.2d 848 (1993)

Carrier Communications Corp., Respondent, v. Cellular Telephone Enterprises, Inc., Appellant. (Matter No. 1.) In the Matter of Carrier Paging Systems, Inc., Respondent, v. Cellular Telephone Enterprises, Inc., Appellant. (Matter No. 2.)

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

January 25, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contentions, the Supreme Court did not decide the merits of the case in deciding which parties are subject to the arbitration agreement (see, Matter of Lane [Abel-Bey], 50 N.Y.2d 864). Moreover, we agree that the appellant failed to establish that Carrier Paging Systems, Inc...

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