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IN THE MATTER OF TRUMP

194 A.D.2d 70 (1993)

In the Matter of the Arbitration between Donald J. Trump, Appellant, and Refco Properties, Inc., et al., Respondents

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

December 16, 1993

Attorney(s) appearing for the Case

Jay Goldberg (John A. Kornfeld and Joshua F. Scheier with him on the brief), for petitioner.

Julian W. Friedman of counsel (Laura D. Weinstein with him on the brief; Stillman, Friedman & Shaw, P. C., attorneys), for Refco Properties, Inc., respondent.

ROSS, KASSAL, RUBIN and NARDELLI, JJ., concur.

SULLIVAN, J. P.

This appeal, from the denial of a petition to stay arbitration, presents the issue of whether a clause in a partnership agreement providing for arbitration of a dispute pertaining to a partner's call for additional capital takes precedence over another clause in the agreement requiring the approval of 65% of the partnership interests before a management decision affecting the partnership can be...

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